The first Bard IVC Filter bellwether belonging to MDL: 2641 in re: Bard IVC Filters Products Liability Litigation is scheduled to convene on March 14 this year before U.S. federal Judge David G. Campbell, in the United States District Court District of Arizona.
An Order released by the court informed that the plaintiff Sherr-Una Booker may present evidence pertaining to the performance of a predicate device at the trial.
The first bellwether will be tried in two phases. The first phase will determine liability and compensatory damages to be followed by a second phase where a decision will be taken whether punitive damages should be awarded.
About 3,000 IVC filter lawsuits are pending in the consolidated action against C.R. Bard for its Recovery, G2, G2 Express, G2X, Eclipse, Meridian, and Denali IVC filters wherein plaintiffs claim that due to manufacturing and design defects, Bard filters are more dangerous than other IVC filters and that Bard failed to warn about the higher risks.