This litigation is in the early stages, so we do not know yet all the challenges that we will face. However, although the defendants have not yet done so, we anticipate that the manufacturers will attempt to place blame on the implanting surgeon.
You will need to hire a product liability law firm to represent you in this matter. As this is federal litigation, you do not need a law firm in the same state as which you live. Time is of the essence, so you will need to contact them to sign the necessary paperwork. They will need the information for your implant, as well as any associated complications or procedures you may have had. If you have any of your medical records, it will expedite the process. However, the law firm can order any necessary records on your behalf.
Yes. There is a strong risk of future complication with the implant. If you are not sure the status or location of your IVC filter, a CT scan or MRI can show if your IVC filter is in any location that it should not be. Call our office if you are concerned about future complications and how it could impact your future case.
In most cases, yes. However, we would need to review the specifics of the case to determine its viability.
The statute of limitations is different for each claim, based mainly on state of residence, state of implant (if different) and when the injury occurred. Therefore, we urge you to contact us immediately so we can ensure to bring your claim in a timely fashion.
A number of factors influence the compensation for these claims, including, but not limited to, type of IVC filter, length of time of implant, severity of injury, age and cardiac health prior to implant.
We cannot give any estimation of valuation for these cases. In addition, each claim will be different based upon the patient, the severity of their injuries and the state in which they live.
This is strictly a product liability and NOT a medical malpractice claim, so we will not be suing any of the medical providers involved in the implantation or resultant injuries. We will solely be going after the manufacturers of these implants, namely Cook and Bard.
You may not know yet. If your doctor has informed you that your IVC filter or any part of the filter has moved/migrated, please contact us immediately. Our law firm will review records to determine causation and that responsibility is not placed on you.
Any patient that has a Bard or Cook IVC filter implanted 2002 or later. While there are 11 companies that manufacture IVC filters, Bard & Cook have over 80% of the market so most filters will belong to either company. Call our office to see if there are claims against other manufacturers. Patients were supposed to receive an implant card after surgery, but not all patients may have them.
