Jury Sides the Defendant in the Second Bard IVC Filter Trial

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The second bellwether trial for C.R. Bard's Eclipse IVC Filter ended in the defendant's favor on June 1, 2018, as the Arizona jury found that adequate warning was provided to doctors regarding the possible adverse effects of the IVC filter.

The verdict was given out in the U.S. District Court for the District of Arizona presided over by Judge David G. Campbell. The plaintiff, Doris Jones of Georgia, was implanted with Bard IVC Eclipse Filter in 2010 to treat recurrent deep vein thrombosis and five years later she developed arm pain and headaches.

On further probe, it was discovered that the filter broke and one of the pieces blocked her right pulmonary artery, which could not be removed by surgeons.

The first bellwether against C.R.Bard concluded with a $3.6million as compensatory and punitive damages to the plaintiff Sherr-Una Booker. There are more than 3,800 IVC Filter lawsuits against Bard for not warning about the defective design of the filter. The cases were centralized in 2015 to coordinate the pre-trial proceedings under MDL 2641 (in re Bard IVC Filters Products Liability Litigation) before U.S. District Judge David Campbell.


 

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