In the Bard IVC Filters Products Liability Litigation, multidistrict litigation (MDL) No. 2461, the Court conducted the sixth case management conference with the parties on Oct. 14, 2016, to address matters relating to the production of additional documents and the need to adjust the discovery and trial schedule accordingly. The Court ordered April 21, 2017 as the new deadline for selection of bellwether Plaintiffs. The Court further noted its intention to complete bellwether selection in early May 2017 in time to hold the first bellwether trial in the Fall of 2017. The Court noted that other bellwether trials may also be possible before the end of 2017.

Retrievable IVC filters are wire devices that are placed in the vena cava, the largest vein in the body. They are designed to stop blood clots from reaching the heart and lungs, and are recommended for patients who cannot take blood thinners. The devices are made by 11 manufacturers, including C.R. Bard, Cook Medical, and Johnson & Johnson. Permanent IVC filters have been used successfully in patients since the 1960s. Retrievable IVC filters were introduced in 2003 and promoted for use in patients undergoing bariatric, trauma and orthopedic surgery.

Since the retrievable IVC filters hit the market, hundreds of complications have been reported including migration, fracture, and perforation leading to embolism, organ damage, and death. In some cases, pieces of the device or the entire device have punctured the heart or migrated into the spine. As a result, lawsuits are mounting against manufacturers of these devices.

To date, Cordis IVC Filter Litigation is consolidated in California State Court, Bard IVC Filter Litigation is consolidated in Arizona (MDL 2641), and Cook Medical IVC Filter Litigation is consolidated in Indiana (MDL 2570). For more information, contact Melissa Prickett or Liz Eiland, lawyers in our firm’s Mass Torts Section, at 800-898-2034 or email Melissa.Prickett@beasleyallen.com or Liz.Eiland@beasleyallen.com.

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