Cases Selected in Bard IVC Filter Selection Process. The U.S. Judicial Panel on Multidistrict Litigation (JPML) consolidated all federally filed C.R. Bard interior vena cava (IVC) filter lawsuits into one court in the District of Arizona in August 2015. Since, both sides have been working on bellwether case decisions. Judge David G. Campbell, who is […]
Cases Selected in Bard IVC Filter Selection Process. The U.S. Judicial Panel on Multidistrict Litigation (JPML) consolidated all federally filed C.R. Bard interior vena cava (IVC) filter lawsuits into one court in the District of Arizona in August 2015. Since, both sides have been working on bellwether case decisions.
Judge David G. Campbell, who is overseeing the proceedings, signed a case management order May 5, 2016 that detailed the bellwether selection process. The result should be that 50 cases are chosen as eligible to be initially tried; some 400 cases are pending in the federal court system and the C.R. Bard IVC Filter lawsuits similarly allege device migration and blood clots, along with other serious injuries such as vein and organ perforation.
The human body’s two largest veins, the vena cavas, carry deoxygenated blood into the heart. The inferior vena cava (IVC) carries blood from the lower body. The IVC filter device is a one-and-a-half-inch metal “spider-shaped” or “cage-like” trap device inserted into the IVC to block blood clots from traveling to the heart, lungs, and brain in individuals diagnosed with deep vein thrombosis (DVT). Patients also undergo surgery for implantation with an IVC filter following serious injury, including car accident injuries, gunshots or stab wounds, spinal cord damage, or wounds from serious falls. Patientswho cannot take blood-thinning drugs, or who do not benefit from the medications for treatment with an IVC filter.
IVC filters have been associated with reports of fracturing and device migration in patients’ bodies, which may lead to significant and life-threatening injuries that include: Bleeding; chest pain; confusion; death; further embolus; heart rhythm problems; internal bleeding; lightheadedness; low blood pressure; nausea; perforation of the IVC and other organs, including the heart and lungs; severe pain; a shortness of breath.
The goal of the IVC MDL is to select representative cases that will be chosen for bellwether trial. This better enables both sides to understand how juries may react to the evidence. Often, bellwethers assist in the facilitation of settlement negotiations between the parties, which more rapidly resolves litigation.
Judge Campbell’s Order indicated that, any case filed before April 2016 will be eligible for inclusion in the bellwether process. The judge imposed the following deadlines:
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