C.R. Bard filed a motion on April 23, 2018, seeking a new trial after Plaintiff Sherri B was rewarded $4 million in the March IVC Filter bellwether trial by the court presided by U.S. District Judge David Campbell in the District of Arizona. In the statement filed, Bard insisted that the plaintiff “utterly failed to present any evidence at the trial on the fundamental premise” of negligent failure to warn and called the jury's verdict as "irreconcilably inconsistent”. The company filed a motion for judgment as a matter of law to turn the verdict in their favor.
Sherri had the Bard G2 Filter implanted in 2009 and had to undergo an open heart surgery to remove the broken pieces of the device that got deposited in her heart and spine. The jury did not find Bard guilty for product liability but stated that the company was liable for not warning the doctors about the possible adverse effects.
This lawsuit is a part of the IVC Filter MDL No. 2641 (in re: Bard IVC Filters Products Liability Litigation) established in the U.S. District Court for the District of Arizona. More than 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, over claims that due to the manufacturing and design defects, Bard filters are more dangerous than other IVC filters and that Bard failed to warn about the higher risks.