According to numerous studies the use of certain filters used in the Inferior Vena Cava, shortened to IVC have been associated with an increased risk of severe medical complications including death. Some of the most common complications have included, blood clots including deep vein thrombosis, migration of the filer, infiltration, and perforation of the vena cava. ICV filters have been used on patients over the past decade who have developed or are at a heightened risk of developing DVT, pulmonary embolism, are immobile because of surgery or a physical trauma.
Individuals harmed by the use of defective medical devices have the right to seek recovery for all damages suffered. Below is information regarding IVC filters believed to have caused severe medical complications and legal analysis on possible recovery via the filing class action and or single party lawsuits against at fault manufacturers of the product. If you have any further legal questions or would like to learn more about current pending litigation against manufacturers feel free to contact my law offices. All legal consultations are provided for free of charge.
Common Risks and Complications
Some of the risks and dangers associated with the implantation of the device include the following.
- Filter migration.
- Fracturing of the device.
- Perforation of the device particularly perforation of the lungs, heart and vena cava
- Migration of the filter requiring takedown surgery.
- Blood clots and DVT (deep vein thrombosis).
- Moderate to severe chest pain
Filing a Defective Product Lawsuit – Winning Your Case in the Court of Law
Generally product liability claims can be proven in one of three ways. (1) Defect in the products design, (2) Defect in the manufacturing process, and (3) Defect in the labeling.
- Defect of Design: A defective design claim can be established when at the time of production when there is a comparable design available that encompasses a similar level of efficacy with a greatly reduced probability of harm for consumers.
- Defect in Manufacturing: When the distributed and sold medical device markedly differs from the originally approved design and as a result poses a greater risk of harm to the end user.
- Defect in Labeling: Failure to properly warn end user and the medical community with potential harms and the risk benefit analysis associated with the use of the product.
Compensation Available For Injured Individuals
Victims of harm due to the use of a defective medical device have the right to seek out compensation for all damages suffered. Specific damages compensable in such cases include the following.
1. All current medical and health related expenses.
2. All future medical and rehabilitation expenses.
3. Economic damages including loss of income and future loss of earning capacity as a result of long term injury or permanent disability.
4. Non-economic damages – this includes pain and suffering as well as the emotional distress suffered by victims of personal injury.
5. Punitive damages – courts will award punitive damage when the at fault party acted with either the intent to cause harm or in reckless indifference for the life and health of patients using their medical device.
Attorney Consultation – Free Case Review: If you have any further questions feel free to contact our law offices. All legal consultations and case reviews are provided for free of charge.