In newly released 10q filings, C. R. Bard, Inc. has indicated to stockholders that it plans to settle lawsuits related to its Inferior Vena cava (IVC) filter products. Several of the manufacturer's IVC filters have been linked to dangerous adverse effects in patients all over the country and it appears now that Bard may be ready to accept some financial responsibility.
As Mass Tort Nexus reports, the 10q filings with the SEC has language implying that the company will settle "many, if not all" of the IVC filter lawsuits that have been filed. While there is also language that says the company will also fight any claim it does not settle, experts at Mass Tort Nexus were surprised by the apparent intent to resolve the IVC lawsuits so early in the legal process.
Possible reasons for the settlements may be to protect the company's image and suppress certain, damaging documents. Mass Tort Nexus points to the 2004 "Lehmann Report," the study commissioned by Bard to assess the safety of their IVC filter products that only reasserted the flaws in the product. Bard has tried to suppress that document as a protected internal document, but only after litigation occurred. Other documents the company has attempted to suppress include communications with the FDA, communications with a public relations firm, and IVC filter adverse event reports.
Another potential reason that Bard is looking to settle is due the defeat it has already suffered in court. In Phillips v Bard, the company tried to fight assertion that its IVC filters were dangerous, only to lose that case and suffer a significant recovery ruling. IVC filter claims against Bard have now been consolidated in a multidistrict litigation and plaintiffs are waiting for Bard to either enter the courtroom again or—as the 10q filing indicates—settle.
IVC filters are tiny, spider-like implants that are implanted in the Vena cava of patients who may be experiencing abnormal clotting in their circulatory system. The device is meant to catch these clots, preventing them from reaching other parts of the body, but the devices have been known to break up, sending small tiny pieces of metal throughout the patient. Bard models associated with this flaw include G2X®, Meridian®, Eclipse®, G2®, and Recovery™ Filters.
If you or a loved one has been hurt by an IVC filter or other dangerous medical device, then the time to seek legal counsel now. The experienced and award-winning dangerous medical device attorneys at Jackson Allen Williams, LLP know what it takes to hold large manufacturers and pharmaceutical companies accountable for the harm that they do to the public.
Call us today to start assessing your legal options.