April 29, 2010

Some individuals develop Deep Vein Thrombi that are blood clots that develop in the leg veins.  These blood clots dislodge and travel from the leg veins to the arteries of the lungs where they become pulmonary emboli.  Blood clots in the lungs can generate hypoxia, brain damage, or death.  To prevent blood clots from entering the lungs, physicians implant an IVC filter into the vena cava to filter out blood clots coming from the legs.

Bard, the manufacturer of G2 IVC filters, has had a problem with quality control in its manufacturing plant.  The G2 IVC filter has been reported to fracture into metallic pieces and travel away from the vena cava ending up in other parts of the body including the heart, lungs, and other organs causing injury or death.  These metallic shards can cause serious injury, bleeding and pain.  Sudden onset of chest pain or pain in another part of the body are indications of an IVC filter fracture.

U.S. Supreme Court Rules Medical Device Manufacturers Not Responsible:

The United States Supreme Court has heard cases involving victims of defective IVC filters.  According to those decisions, in situations where the medical device at issue has passed the  FDA pre-approval process, the injured person cannot sue the manufacturer for a faulty device.  In other words, a state lawsuit is “pre-empted” by the FDA approval process.  This leaves the patient with relatively few options to collect for any bodily harm caused by these devices.

The New England Journal of Medicine published an editorial on the Supreme Court’s decisions concerning pre-emption of claims by patients against medical device manufacturers.  The commentary questions whether the FDA pre-marketing approval for device safety is rigorous enough to allow for industry exemption.  The editorial also questions how these decisions will ultimately impact the quality of both medical devices and drugs. Congress is currently reviewing the laws concerning medical device pre-emption, and it is hoped it will leave open the possibility for injured parties to seek legal remedy, thereby protecting the consumer.

If you have experienced blood clots, pain or any other clot-related illness with an implanted IVC filter you may be entitled to financial compensation.  Defective IVC Filter lawsuits are currently being filed across the country.

AUTHOR:

Susan Ardizzoni, Ph.D. holds a Doctorate in Biology with a major in Neuroscience (medical) and minors in Biochemistry, Physics, and Mathematics with experience in basic and clinical research.  Although the author is not an attorney, this article was sponsored by the law firm of Bernstein Liebhard LLP and constitutes Attorney Advertising.  To learn more about IVC filter or defective IVC filters please visit www.ConsumerInjuryLawyers.com

Published November 17, 2011 by