A type of medical device called an IVC filter is implanted into the body to stop blood clots from reaching the lungs. A significant cardiac vein called the inferior vena cava is where it is frequently put. The device is also known as an inferior vena cava filter, a retrievable body clot filter, and a blood clot filter. IVC filters were first implanted into the body permanently, while more recent filters are occasionally made to be removed when no longer required.
IVC filters are typically utilized to stop circumstances when a blood clot could be fatal. They are not meant to take the place of specific therapies, such as the administration of medication, and their overall effectiveness and safety rating are not entirely obvious.
If you have experienced difficulties after receiving an inferior vena cava (IVC) filter, you may be considering suing the filter’s maker, the surgeons who performed the surgery, or both.
You undoubtedly want to know how long the process will take before deciding whether to launch an IVC filter lawsuit. It’s possible that you need money right away to cover medical expenses or that you lack the resources or stamina to fight a protracted court struggle. Regrettably, it’s challenging to estimate how long your litigation will last.
However, IVC filter lawsuits, like all other personal injury lawsuits, go through specific stages, and you have some control over some aspects that may affect how quickly your case proceeds.
IVC Filters: Are There Any Health Risks Involved?
IVC filters have a number of adverse effects, some of which are fatal. Health hazards and side effects may include:
- Migration of the filter into the body’s undesirable regions
- Damage to the filter
- Inferior vena cava vein perforation
- Arterial bleeding
- Damage to other body parts, such as the heart, through puncture
As a result, one major issue with an IVC filter is that it may shift from its original location, or bits of it may break off and go to other body regions where they may lodge and cause issues. These kinds of circumstances may be life-threatening and call for surgery to remove the filter or a component of the filter.
A Typical IVC Filter Lawsuit’s Stages
The steps that an IVC filter lawsuit typically goes through are as follows.
The victim (the “plaintiff”) submits a civil complaint to the court. The complaint formally initiates the litigation. The plaintiff’s claim is set forth in the complaint against the IVC filter manufacturer (such as C.R. Bard or Cook Medical) and the doctors who implanted the filter (the “defendants”).
The defendants submit answers to the complaint.
- The investigation procedure starts: Through written interrogatories, sworn depositions, and document requests, the plaintiff and defendants exchange information, medical records, and other evidence.
- Motions in limine, or pretrial motions, are argued by the parties as follows: Both parties to the litigation attempt to persuade the judge to admit or exclude particular evidence from the trial (for example, testimony from a proposed expert witness).
- Trial: The judge or jury decides whether the defendants should pay the plaintiff for health issues and other losses (damages) resulting from IVC filter complications. The plaintiff and defendants submit their evidence and arguments.
Most personal injury claims are resolved without going to trial. A settlement can be discussed (and concluded) by the parties at any stage of the procedure (more on this later).
Let’s now look more closely at the elements that could affect how long an IVC filter litigation might last.
Factors That May Affect Your IVC Filter Case’s Timeline
Whether you’re claiming that the IVC filter was faulty (product responsibility) or that the medical provider who treated you made an unreasonable error, IVC filter lawsuits are challenging (medical malpractice).
First, you must submit your lawsuit within the rigorously adhered-to deadlines established by your state (called “statute of limitations”). (Learn more about the statute of limitations and cases involving IVC filters.)
Next, the timeline will be impacted by how difficult your case is. Discovery and pretrial motions will probably take longer than they would in less sophisticated litigation because IVC filter lawsuits typically entail mountains of medical records and numerous expert witnesses on both sides (like a slip and fall or car accident case).
The court’s calendar may also impact the timetable for your case. Hearing and trial dates may be postponed for weeks or months if the calendar is backed up due to COVID-19 delays or for any other reason.
Last but not least, whether or not your IVC filter lawsuit has been consolidated into a multi-district litigation (MDL) action may affect how quickly it proceeds. Numerous IVC filter claims have been merged into one of two MDLs in Arizona or Indiana, the majority of which name Bard or Cook Medical as defendants.
An MDL is a collection of separate lawsuits that are combined for pretrial proceedings like discovery. MDL’s objective is to facilitate more effective litigation and facilitate the eventual settlement of all cases. However, a few “test” trials are held first before a settlement is reached (known as “bellwether” trials).
The outcomes of the bellwether trials provide a preview of what all parties to the MDL can anticipate and frequently assist both sides in reaching a final resolution for the remaining cases. Individual cases are returned to the original court where they were initially filed for trial if a worldwide settlement cannot be reached.
IVC Filter Case Settlement is Possible at Any Time
Most litigation involving IVC filters can be resolved at any moment.
For instance, soon after filing the case, your lawyer could send the opposing party a demand letter outlining your injuries and requesting compensation in the amount of a specific financial amount. The lawsuit could be dropped in return for settlement funds if serious settlement negotiations are sparked by this letter and concluded before trial.
Most cases do end up being settled, especially as trials grow closer (or as a result of bellwether trials in an MDL proceeding) and the parties become more aware of the evidence and the merits and demerits of their respective positions. Even if the parties don’t work together to try to settle the matter outside of court, most courts order the parties to at least one required settlement conference before trial.
What Sorts of Legal Recourse Are Available for Problems with IVC Filters?
Legal action could be taken if an IVC filter causes severe injury. In certain situations, the victim may be awarded money as compensation for their losses. This can pay for injury-related costs like higher medical bills and lost wages. Medical professionals, surgeons, and hospital personnel may be held accountable, particularly when cases of medical misconduct are present.
In several states, the amount of damages that can be obtained in medical malpractice cases is limited.
Depending on the circumstances, distributors or manufacturers of defective IVC filters may also be held accountable. An IVC filter class action lawsuit may result from the alleged distributor and manufacturer liability.
Should I Get Legal Assistance with My IVC Filter Lawsuit?
IVC filters have a reputation for posing health hazards and occasionally causing serious injury. If you need help filing an IVC filter claim, you might need to find a defective products attorney nearby.
If you require any assistance or direction concerning a claim, your attorney can investigate the injury laws in your region. Additionally, if you have to appear in court, your lawyer can also represent you there.
