Parker Waichman LLP

Judge Establishes Timeline for Selecting Bard IVC Filter Bellwether Cases

In August 2015, the U.S. Judicial Panel on Multidistrict Litigation consolidated the federally filed Bard IVC blood clot filter lawsuits into a court in the District of Arizona. Since then, the parties have been working on the process to select a small number of cases that will be the first to go to trial. Judge […]

In August 2015, the U.S. Judicial Panel on Multidistrict Litigation consolidated the federally filed Bard IVC blood clot filter lawsuits into a court in the District of Arizona. Since then, the parties have been working on the process to select a small number of cases that will be the first to go to trial.

Judge David G. Campbell is overseeing the proceedings and on May 5, 2016 he signed a case management order setting out the case selection process, which will identify the 50 cases eligible to be tried first; about 400 cases are pending in the federal court system, the Legal Examiner reports.

These cases have been filed by plaintiffs who allege they were injured by a Bard IVC (inferior vena cava) blood clot filter, implanted to prevent blood clots from traveling to the heart or lungs. The plaintiffs say they experienced filter migration, breakage, blood clots, and vein and organ perforation.

Inferior vena cava blood clot filters are small, cage-like devices that are implanted in the main vein that travels from the legs back to the heart. The filter is designed to capture and hold blood clots until they dissipate, so they cannot a pulmonary embolism (blood clot in the lung). IVC filters are implanted in people who either cannot take blood-thinning drugs, or for whom the drugs are not effective.

Bard IVC filters have been found to be prone to breakage. The “legs” can break off and migrate to other parts of the body and the device itself can also tilt out of position, perforating the vein and potentially causing blood clots rather than preventing them.

The goal of Judge Campbell’s May order is to select a small number of cases that to be bellwether to trials—early trials that help the parties gauge how juries will react to evidence and legal arguments that would be presented repeatedly in trials. Often, bellwether trial outcomes prompt settlement negotiations that help the parties resolve the entire litigation more quickly.

Judge Campbell said that any case filed before April 2016 will be eligible for inclusion in the bellwether process. He then set a series of deadlines. By June 29, 2016, the parties were to exchange their lists of 24 representative cases. These 48 cases will constitute Group 1. By December 9, 2016, the parties will exchange lists of 10 cases selected cases from Group 1. The parties can also designate four cases for automatic inclusion in Discovery Group 1 at that time. (Discovery is part of the pretrial process in which the parties obtain evidence and ask questions of each other). By December 16, 2016, the parties will complete this part of the process and submit a list of 12 cases they recommend as Discovery Group 1.

By March 1, 2017, the parties will exchange lists of six proposed selections from Discovery Group 1 for bellwether plaintiffs. They will meet and confer to come up with six final cases to constitute Bellwether Group 1. After the full group is confirmed, trial dates will be set.

In addition to the Bard IVC cases, at least another 200 cases involving Cook Medical’s IVC filter are part of a separate MDL centralized in the Southern District of Indiana.

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
Positive: Professionalism , Quality , Responsiveness , Value I would like to thank Ms. Tina Morace for all her work on my claim. She was always effective and diligent during the process and I was always in the loop. Again, thank you and I recommend Parker/Waichman, LLP for all your legal needs...
Pamela Felts
3 years ago
5 Star Reviews 150
Thank you Parker Waichman for helping me with my case. You know what you are doing. They are very professional, I would say they are the best. Thanks to Jorge Peniche for helping me feel that I need it.
anyelo robles
4 years ago
5 Star Reviews 150
Gerard Ryan has been there with me from day 1. HE has helped me in every way.
Gerard Swanson
7 years ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038