Justice sometimes moves slowly in the U.S. court system, but it does eventually arrive. This is exampled by the recent ruling from the U.S. 9th Circuit Court upholding a test case for the injuries resulting from the installation of the Bard IVC blood clot filters. The filters were advertised as being highly effective tools in preventing blood clots, which is a serious medical possibility for many West Virginia residents. The device availability was very welcome when first brought to the market for physicians, but the court ruled that C.R. Bard promoted the devices to doctors using misleading and insufficient information.
The devices have reportedly injured at least 3,000 recipients who have filed legal action, and one of the five mass tort bellwether cases is finally being upheld. It will now potentially serve as a precedent reference case for the others sitting in district courthouses waiting for advancement. Only one of the five original plaintiffs won their case in trial, which might not bode well for subsequent case filings. The defending manufacturer has been fighting these cases vigorously because the number of additional cases could be extensive.
The case won at trial involves a plaintiff who still has a parcel of the fragmented device lodged in their body, which provided valid proof for their injury claim. The injury is similar to what other patients have experienced as well, but each case can be markedly different in injury detail.
It is important for all individuals who have received a Bard IVC blood clot filter to seek medical attention for any issue they may be experiencing as soon as possible. It might be helpful to retain an experienced mass torts attorney who focuses on personal injury class actions and is knowledgeable concerning how these cases will develop in the near future.