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In a recent medical malpractice lawsuit filed in Philadelphia, a woman who initially received an Option ELITE Retrievable Inferior Vena Cava (IVC) filter alleged that she suffered physical pain and anxiety about the filter’s retrieval and potential future complications after it took doctors three attempts to retrieve the filter, which had become stuck in her inferior vena cava.
This case is not unique. Currently, there are approximately 4,000 pending claims against numerous manufacturers of IVC filters in state and federal courts across the nation. Many of these claims allege that the devices were not properly tested before they reached the market and that their manufacturers chose to downplay the complications associated with them.
An IVC filter is a small, cone-shaped device placed into the inferior vena cava, the largest vein in the body. This vein is just below the kidneys and transports de-oxygenated blood from the lower extremities to the heart.
When an IVC filter is placed, it captures embolisms. Embolisms are blood clots that break loose from deep veins and can travel to the heart and lungs, potentially causing blockages. These blockages can potentially cause the victim to suffer chest pain, breathing difficulty, and in some cases, fatality.
IVC filters are known to have certain side effect risks, which include:
When an individual suffers an injury or a worsened medical condition because of a medical device, the device’s manufacturer or distributor may be liable for the victim’s damages. In some cases, the victim’s doctor or others at the hospital where the procedure was performed may also be liable. Which party is liable for the victim’s damages depends on the nature of the incident. For example, a doctor who knowingly uses a defective device may be deemed to be the negligent party, whereas in a case where the device’s manufacturer intentionally downplays a device’s potential for harm, the manufacturer may be the negligent party.
In a successful defective medical device claim, the victim must demonstrate that their injury and resulting financial damages were directly caused by the defective device. A victim can support their claim with testimony from their doctor and statistics about the device. The victim must also show that they accrued financial damages by needing corrective medical treatment and having to take time off work to recover. An experienced lawyer can help a victim develop their claim and provide the necessary evidence to support it.
If you have suffered an injury because of a faulty or defective medical device, you could be entitled to recover monetary compensation for your damages. To learn more, fill out our online form or call 800-369-0899 to schedule your initial consultation with a Philadelphia medical product liability lawyer at Brookman, Rosenberg, Brown & Sandler. Our office is in Philadelphia and we serve clients from throughout the Delaware Valley, including those in Pennsylvania and New Jersey.