Blot-Clot Filter Results in 27 Deaths
A blot-clot filter that was blamed for the deaths of 27 people resulted in a $3.6 million verdict in a product liability lawsuit just recently. But this could be only the beginning as more lawsuits pile up against the companies that designed and manufactured the devices.
Plaintiff’s attorneys allege that the devices never underwent any rigorous standard of testing and that those on whom they were used were unwitting guinea pigs. The results were disastrous. The vascular filters ended up puncturing veins, migrating to various parts of the body, and causing major organ damage.
The verdict was filed against Cordis Corp., a company that was once a subsidiary of Johnson & Johnson but was later purchased by Cardinal Health Inc. in 2015. Cordis is one of three major manufacturers of the IVC filter that is being blamed for what could end up reaching billions of dollars in damages.
While the FDA initially approved the device to disperse often-fatal blood clots that can travel to the heart and lungs, the plaintiffs allege that manufacturing defects and poor design caused a number of preventable deaths. At issue is the fact that the IVC filters had a propensity for breaking apart in inferior vena cava where they would eventually find their way to the lungs or heart.
The Replacement Filter
Concerns about the blood-clot filter are not new and had begun only months after the device was cleared by the FDA. A modified version of the filter was produced by a New Jersey-based company. This filter, however, had many of the same problems as its predecessor. Despite concerns about the device, the company neglected to recall the filter resulting in at least 12 more deaths and countless injuries.
According to a confidential study commissioned by Bard, the manufacturer of the filters, the original design had a high probability of breaking apart in the vein, essentially causing the very same problems that a blood clot would. The company later redesigned the filter, but that did not fix any of the major problems.
That begs the question: why did these companies continue to manufacture the filters when they knew there was a strong likelihood that they could crack?
Gross Negligence for IVC Filter Manufacturers?
When it can be proven that a company knew about design flaws that could cause serious injury or death to those who used the product, the question of gross negligence becomes a central issue. It appears that at least some of these companies were aware of the potential hazards of the products but continued to manufacture them, insisting that the product was safe. As study after study and injury after injury proved otherwise, companies like Bard maintain that their product is a “valuable option for doctors” and “safe when installed correctly”.
It appears that the company’s defense will be that the doctors who installed their blood-clot filters are to blame for the numerous deaths and injuries their product has caused.
Let Us Help You Today
If you have been injured by a faulty product, you might be entitled to substantial damages. Alan Goldfarb, P.A. of Miami has handled a number of product liability cases securing excellent awards for our clients. Give us a call at 305-371-3111 and will begin discussing your case immediately.
Resources:
law.com/dailybusinessreview/2018/04/23/west-palm-beach-attorney-wins-3-6-million-verdict-in-blood-filter-mdl/
aw.com/dailybusinessreview/sites/dailybusinessreview/2017/12/28/treatment-worse-than-the-disease-lawsuits-mounting-against-miami-lakes-medical-company/
nbcnews.com/health/health-news/why-did-firm-keep-selling-problem-blood-clot-filters-n488166
