Following a car accident in 2004, a 45-year old woman had an IVC filter implanted to prevent blood clots. However, a piece of the IVC filter broke off and traveled through her blood stream to her heart. The metal shard punctured her heart resulting in emergency open-heart surgery. The woman almost died because of the defective IVC filter.
Another woman with a Recovery IVC filter died a week after the implant. Her doctors inserted the IVC filter after she had a brain aneurysm. Instead of stopping a blood clot, the IVC filter was pushed into the woman’s heart by a blood clot causing her death.
Bard Knew About Dangers Associated With IVC Filters
According to a recent NBC News story, an IVC filter used by thousands of patients across the United States has a fatal flaw. During the past decade, 27 people with the IVC filter died and 300 people using the IVC filter reported non-fatal problems associated with the blood clot filter. The sad fact is that the manufacturer of this particular IVC filter, Bard, allegedly knew about the flaw but continued to market the device to medical providers and medical facilities.
Manufacturer Refused to Recall The Defective Medical Device
Bard hired a physician to perform independent tests. After a thorough investigation, the physician urged Bard to conduct further research because the filter had a higher risk for death or severe health problems. Even though the physician advised Bard that further research was “urgently warranted,” Bard refused to recall the IVC filter. It continued to sell the Recovery IVC filter for three more years until it replaced the filter with the G2 IVC model.
Allegations of Fraud Against Bard
Patients and families of loved ones who have been injured by an IVC filter feel betrayed that Bard would have known about the potentially fatal flaw but it did not thing to prevent any more deaths or injuries. In Part 2 of its story, NBC News reports that Bard forged the signature of a regulatory specialist to obtain FDA clearance for the IVC filter. The regulatory specialist, Kay Fuller, refused to sign the FDA application because she had serious concerns about the IVC filter. Someone at Bard allegedly forged Fuller’s signature to obtain the FDA approval. After that, Bard sold approximately 34,000 filters.
As of today, numerous IVC filter lawsuits have been filed throughout the United States seeking damages from the makers of the IVC filters. The lawsuits allege that Bard and other IVC filter manufacturers failed to provide adequate warnings to physicians and patients about the risks of using the filters. They also failed to warn of the potential side effects associated with IVC filter use. The defective medical devices have resulted in damage to multiple organs, heart attacks, strokes, and death.
Have You Been Injured by a Defective Medical Device?
The product liability and medical malpractice lawyers of The Olinde Firm can help. We understand how devastating an injury like this can be for you and for your family. You are entitled to receive compensation if you are injured by a defective medical device.
Contact our office to speak with a defective medical device attorney. We offer free legal consultations; therefore, it does not cost you anything to get our advice, you are under no obligation, and your consultation is confidential.