IVC filters have caused injury and even death in hundreds of patients. If you or somebody you love have experienced serious injuries and/ or multiple surgeries after an IVC filter implant you may be entitled to recover damages. Isaacs & Isaacs personal injury law firm has a 99% success rate in recovering fair and just settlement amounts for our clients who have been injured in Kentucky, Ohio, and Indiana. We have helped injured clients recover over $890,000,000.00 in damages. Call Isaacs & Isaacs IVC filter lawsuit attorneys today at 800-800-8888 for a free evaluation of your case.
What Is an IVC Filter?
IVC filters are spider-like metal devices inserted into the inferior vena cava (large vein that delivers blood to the heart from the lower body) to trap blood clots and keep them from traveling to the lungs and causing pulmonary embolism (blocking a blood vessel in the lungs; can be fatal). These filters are used as an alternative when anticoagulant therapy doesn’t work.
Are Some IVC Filter Types More Dangerous Than Others?
The United States Food and Drug Administration (FDA) sent a warning letter to C.R. Bard, Inc., makers of the IVC filter and filter retrieval system in July 2015. The letter stated that the firm was marketing adulterated devices, namely the Recovery Cone Removal System Model RC-15 and the Recovery Cone Removal System Model FBRC, in the U.S. without FDA approval. The letter also accused the firm of misbranding (marketing devices for uses they have not been approved for). The letter also accused Bard of failing to relay reports of problems with the device(s) which could cause death or serious injury to the FDA.
NBC aired a series of reports on the dangers of IVC Filters, and these resulted in Dr. Stephen Ostroff, Chairman of the United States Senate Judiciary Committee, sending a demand letter to the Food and Drug Administration (FDA) in September 2015, asking why the FDA did not take action to recall/ deny approval of the Bard Recovery device that had been approved in 2002 and was now off the market (no new implants) but still implanted in 20,000 people in the United States.
In an NBC news report dated December 31, 2015, the Bard company was accused of refusing to recall the G2 filter until 2010, though the company was aware this filter was malfunctioning and had caused 27 deaths and hundreds of other serious injuries which required corrective surgery.
Dr. William Kuo of Stanford Health Care IVC Filter Clinic said in the news report that he had performed about 1,000 IVC filter removal surgeries in the past decade to retrieve malfunctioning devices. He said that other doctors referred patients to him because the surgeries were complicated and dangerous. Dr. Kuo said he’d removed filters made by other companies, but that Bard filters were the most dangerous brand.
IVC Filter Complications
The FDA published a recommendation that IVC filters are only to be used in patients who are in danger of pulmonary embolism, and that physicians remove the filter as soon as possible when the patient is out of danger. This recommendation is due to dangerous side effects of the IVC filters, including:
- Filters breaking up with pieces lodging within lungs and arteries;
- Pieces lodging in patient’s heart;
- Having to put a second filter in and the first IVC filter could not be removed;
- Patient experiencing acute abdominal pain after filter was deployed;
- Filters migrating to various places in the body and causing patients acute pain or injury;
- Fragmentation and subsequent migration of multiple parts to the heart and lungs;
- Doctors not being able to remove retrievable IVC filters.
The above problems were reported to the FDA among many others. Bard is not the only dangerous brand, the filters can be dangerous whatever the brand. Since a pulmonary embolism is also dangerous, it should be a careful decision to use an IVC filter as an alternative to anticoagulant therapy and the FDA recommends removing the IVC filter as soon as the patient is out of danger. There have been problems with IVC filter removal, despite the FDA recommendation that they be removed as soon as possible. Sometimes the filter cannot be removed and the patient is forced to have the defective medical device in their body way beyond the safe time for it to be there.
What Happens If IVC Filter Patient Information Is Not Provided?
Your doctor has an ethical obligation as a member of the medical profession to only act in your best interests. When your doctor knows that there are serious health risks associated with a particular treatment such as the IVC filter, there may a legal duty to warn you of those risks, and what health risks you would run if you choose not to have the recommended treatment. If your doctor fails to warn you or your loved one of possible side effects there could be liability for medical malpractice if the device causes you serious injury.
Doctors have been under serious scrutiny for accepting gifts from pharmaceutical companies as there is a potential conflict of interest. In 2010 Congress enacted the Physician Payments Sunshine Act. The act requires pharmaceutical manufacturers to disclose financial relationships they have with physicians and teaching institutions to the Centers for Medicare and Medicaid Services.
If you are uncomfortable with the treatment your physician recommends because it includes a medical device that you feel might harm you, it may be wise to seek another opinion. Any drug or medical device can be dangerous, but sometimes the risks associated with a drug or medical device outweigh the benefits.
Contact IVC Filter Law Firm Isaacs & Isaacs
If you or a loved one have been injured by an IVC filter, or if your doctor was unable to remove the filter within the FDA recommended safe time limit and you suffered injury or harm, you may be entitled to compensation. Recipients of the IVC filter and their survivors have filed lawsuits against the manufacturers and others alleging:
- Internal organ damage;
- Punctured blood vessels;
- Acute pain;
- Other injuries;
Isaacs & Isaacs defective medical device lawyers have experience fighting for clients who have been injured by IVC filters or other toxic pharmaceuticals in Kentucky, Ohio, or Indiana. We are passionately dedicated to recovering maximum damages for clients who have been injured due to somebody’s negligence or wrongful act.
There is a legal time limit for filing a negligence case which varies from state to state. This statute of limitations could bar your case no matter what damages you or your loved one have suffered, so it is very important to contact an experienced lawyer immediately if you think you may have a cause for legal action. Our skilled Isaacs & Isaacs team are on call day and night to:
- Listen to your story;
- Answer your questions;
- Investigate and analyze the facts of your case;
- Determine who may be responsible;
- Evaluate whether to file an IVC filter lawsuit on your behalf;
- Develop a winning strategy to demand a fair and just compensation for your injuries.
It is very important to contact Isaacs & Isaacs immediately to talk to one of our experienced IVC filter attorneys if you or somebody you love has been harmed by an IVC filter. Call us 24/7 at 800-800-8888 for your free case evaluation.