Due to complications, IVC filter lawsuits are continuing to increase in 2019. Patients who have suffered injuries from IVC filter surgeries are coming forward to receive compensation. Before you file an IVC filter lawsuit, it will benefit you to learn more about what exactly the issues with IVC filters are and how others fared in their litigation.
What is an IVC Filter?
An IVC filter is a small, cage-like device that the surgeon inserts into the inferior vena cava, one of the main vessels that pumps blood into the heart. The purpose of the device is to capture blood clots and prevent them from reaching the lungs. Your surgeon likely recommended an IVC filter if anticoagulant therapy was unsuccessful and you are at risk for pulmonary embolism, or a blood clot in the lungs. Once implanted, an IVC filter is intended to be permanent although some of these devices may have the option to be removed.
IVC filter side effects, complications, and risks
Before implanting an IVC filter, your doctor may have discussed the associated side effects, complications and risks.
The side effects of implanting an IVC filter are as follows.
- Chest pain
- Shortness of breath
- Neck pain
- Heart rhythm problems
- Hemorrhaging or internal bleeding
Risks & complications
While IVC filters have been used for several years, were introduced to the market in 2005. Since then, the FDA received thousands of reports reporting serious issues with these filters.
Patients reported the following risks after IVC filter surgery.
- Device migration
- Perforation of the IVC
- Filter fracture
- Difficulty removing the device
- Embolization, also referred to as the movement of the entire filter or fracture fragments to the heart or lungs
Some of these risks led to more serious complications.
- Shortness of breath
- Severe Pain
- Respiratory distress
- Pulmonary embolism
- Perforation of tissue, vessels, and organs
- Cardiac tamponade (also known as fluid build-up)
- Deep vein thrombosis
- Emergency removal of a device
IVC filter payout amounts
As of August of 2019, thousands of IVC filter cases are pending throughout the United States. Past medical device cases have set some precedent. Combined, billions of dollars were given to the victims of defective medical devices over the years. Individual suits often result in tens or hundreds of thousands of dollars in damages. However, each individual's case is unique. Guarantees regarding specific IVC filter lawsuit payout amounts cannot be made. When awarding a dollar amount, juries will typically consider the following variables.
- The extent and severity of the injuries
- The effect on the patient’s overall physical and mental health
- Past and future pain and mental anguish
- The associated medical expenses
- The manufacturer’s behavior
- Lost wages and loss of earning capacity
- Loss of love, companionship, and financial support after a wrongful death
Am I eligible to file an IVC filter lawsuit?
If you have sustained injuries because of an IVC Filter, you may be eligible to seek compensation.
- Medical expenses (past and future) resulting from any injuries caused by the IVC filter
- Pain and suffering (past and future; physical and mental) caused by the injuries, and the treatment and recovery process
- Wage loss (past and future)
- Loss of capacity to earn money
- Loss of enjoyment of life
- Punitive damages
As of April 2019, thousands of lawsuits are pending in federal court against the manufacturers of IVC filters by individuals who claim to have suffered severe damages.
How do I file an IVC filter class-action lawsuit?
To file an IVC filter class-action lawsuit, you should first seek litigation advice. The right advocate can provide you with the legal information you need to win your case. Mass Tort Services LLC (MTS) is a plaintiff advocate company that developed the Lawsuit Settlement News website to assist plaintiffs with their particular cases. Management of MTS has years of experience in the mass tort arena as well as a keen understanding of the victims’ needs. From the beginning of our clients' injuries right up until you receive your ultimate settlement, our experts can guide you through the litigation process.