IVC filters are supposed to prevent blood clots and protect your health. However, some of these devices that are intended to keep you alive may actually be harming you. Even more shockingly, they may have caused your loved one’s death. If you or a loved one was harmed by a defective IVC filter, The Law Office of Edward W. Sampson is ready to help you hold negligent manufacturers responsible for the harm you have suffered. Contact us or call us today at (214) 617-3223 to set up a free case consultation.
Plano IVC Filter Attorney Quick Links
- What Is an IVC Filter?
- IVC Filter Complications
- FDA Warning Regarding IVC Filters
- Legal Claims for IVC Filter Malfunctions and Complications
- Proving Your Case
- Possible Compensation in IVC Filter Malfunction Cases
- Contact Our Experienced Plano Personal Injury Attorney
What Is an IVC Filter?
An inferior vena cava (IVC) filter is a cage-like device that is implanted in individuals who are at risk of developing life-threatening blood clots, typically by being inserted into the groin or neck. The inferior vena cava is a large vein that carries blood from the lower portion of the body to the heart. A filter is implanted in this vein to prevent dangerous blood clots from traveling into the hearts or lungs. When blood clots reach the heart or lungs, serious health risks may arise, including deep vein thrombosis, pulmonary embolism, and stroke.
IVC filters are often used with patients who are unable to take blood-thinning medication or who continue having blood clot problems when taking such medications. These filters can trap fragments of blood clots and potentially prevent them from reaching the lungs or heart and doing more harm.
IVC Filter Complications
Some patients who have had IVC filters implanted and their loved ones allege that they have suffered various complications, including:
- Organ perforation or damage
- Breakage of veins
- Dangerous blood clots
- Chest pain
- Shortness of breath
Current lawsuits are pending in federal court that allege that defective designs of IVC filters, primarily manufactured by Bard and Cook, increase the likelihood that the devices will fracture, migrate, or perforate the IVC. If the filter breaks while it is implanted in a patient, the fragments can travel through the body and damage the lungs, hearts, and other organs. These claims allege fraud and that the manufacturers continued to sell the dangerous devices after they had already received many reports of patient deaths and injuries.
If you believe you or your loved one has suffered complications due to a defective IVC filter, speak with a Plano personal injury lawyer at the Law Office of Edward W. Sampson for a free consultation.
FDA Warning Regarding IVC Filters
After receiving hundreds of reports of IVC filter complications regarding filter migration, punctured organs, and death, the Food and Drug Administration (FDA) issued a warning about the potential risks and urged patients to have the devices removed if possible. Some of these devices are intended to only be implanted in patients for a limited time. However, some of the implants may break and fragment into other parts of the patient’s body, making them impossible to be removed.
Legal Claims for IVC Filter Malfunctions and Complications
Unfortunately, for many people, the FDA’s warning came too late, after they had already had the filter implanted and after it had started to deteriorate in patients’ bodies. Individuals who have been adversely affected by IVC filter malfunctions may be able to file a claim to seek compensation for the harm they have suffered. These claims are against the manufacturers of IVC filters, including Cook Medical and Bard, who have manufactured approximately 60% of IVC filters in the market.
To have a claim against the IVC manufacturer, you will generally need to show:
- You or a deceased loved one had an IVC filter implanted in you
- The IVC filter
- The implanted IVC filter caused you to suffer harm
- You endured compensable losses
To find out if you have a viable claim, contact the Plano product liability attorney at The Law Office of Edward W. Sampson for a free case evaluation.
Proving Your Case
If you or a loved one was injured due to an IVC filter, there may be various types of legal claims that you may have against the manufacturer, including:
- Design defects
- Manufacturing defects
- Failure to warn defects
- Breach of implied warranty
- Negligent misrepresentation
- Wrongful death
Each of these claims requires showing very specific legal elements. As the plaintiff in the case, you have the burden of proving your case. This can be difficult to do when you are trying to focus on your health after it has been adversely affected by a defective medical device. At The Law Office of Edward Sampson, we have experience in investigating claims against defective product manufacturers and can help determine whether filing an IVC filter claim is right for you. If it is, you can pursue compensation for the harm you have suffered.
Possible Compensation in IVC Filter Malfunction Cases
Through IVC filter litigation, you may be able to recover compensation for the damages you have suffered. Depending on the circumstances, this may include:
- Medical expenses to surgically remove the implant or to treat the medical conditions you have developed as a result of the defective IVC filter
- Lost wages for time while you were seeking treatment or recovering
- Lost earning capacity if you are permanently disabled or had to move to a less lucrative job because of your injuries
- Pain and suffering
If you pursue compensation because a defective IVC filter killed your loved one, you can seek compensation for damages like:
- Loss of inheritance you would have received if the deceased had survived
- Loss of maintenance, financial support, care, and guidance
- Mental anguish from losing your loved one
- Medical and funeral expenses
Contact Our Experienced Plano Personal Injury Attorney
If you or a loved one was seriously injured by a defective product such as an IVC filter, do not hesitate to speak with The Law Office of Edward W. Sampson for help. You may be entitled to financial compensation for the harm you have suffered. Contact our firm today at (214) 617-3223 for a free case review to discuss your legal rights and options with an experienced Plano IVC filter attorney. Edward W. Sampson is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, so he knows what it takes to make a successful claim.