IVC Filter Mass Tort Litigation in Kansas City, Missouri
A mass tort is a civil case that derives from a singular product or event wherein multiple people are harmed the same way. To clarify, a car accident that hurts a single person in a single event, known as a single event case; however, a mass tort is an event where the same issues causing harm has occurred for a larger group of people, like the Inferior Vena Cava (IVC) filter.
Designed to stop blood clots causing pulmonary embolisms, which is blood clots form and move to the lungs. The IVC filter typically comes at the cost of anywhere between three hundred and six hundred dollars. The implementation of the IVC filter is meant to be used temporarily because when left in place, the device will malfunction by way of the struts on the device breaking loose and migrating. This malfunction can cause serious harm and even death.
The mass tort litigations for IVC filters are still in the preliminary phases; however, a multi-district litigation (MDL) has now been given approval in the District Court of Arizona, meaning that this is the best time for an individual, or the family of an individual if death occurred, to join the mass tort as a plaintiff if they have suffered injuries or experienced malfunctioning of the IVC device. Currently, the mass tort concerning IVC filters has been filed against Gunther Tulip IVC devices and Cook Medical Incorporated’s Celect IVC devices.
Lawsuits involving the IVC filters have steadily increased in the United States District Court, Southern District of Indiana. The Indiana-based business, Cook, has had one hundred and twenty lawsuits filed against them since August 27, 2015. According to the lawsuits against Cook, the filters were designed with serious defects that result in severe injury for the patient. The lawsuits that have been filed also state that a failure to give adequate instructions and precautions to the doctors and patients about the side effects and hazards that result from the use of the product. The adverse effects that have been commonly claimed against the Cook IVCs are as follows:
- A perforation of any organs, especially the heart or lungs
- A perforation of the vena cava, a large vein delivering deoxygenated blood to the heart
- Broken or cracked IVCs
- A puncture to the aorta
- Movement of the filter from the original location
- Mechanisms of the device becoming detached
- Problematic removal of the IVC device
- Injury resulting in death
The Food and Drug Administration, or FDA, has adamantly urged all physicians to take out the IVC filters as soon as the potential hazard for a pulmonary embolism passed. Warnings were issued by the FDA concerning the use of the IVC device in both 2010 and 2014.
IVCs and Multidistrict Litigation
In mass tort cases, it is useful to use multidistrict litigation because the lawyer can argue legitimate facts that multiple clients have in common efficiently. Experienced attorneys that are skilled in mass tort, especially multidistrict litigation prospective attorneys, often burden the initial financial expense of growing a MDL case.
Handling Mass Tort Claims
Claims that are mass tort are dealt with a different manner than a singular case because of the multidistrict litigation. This sort of litigation becomes an impersonal affair due to the multitude of people joined in the lawsuit that have experienced injuries and suffering because of the device. Due to this fact, it is unlikely that a plaintiff would be able to converse with the mass tort attorney and be in court directly after for a trial. With mass torts, due to the many cases involved, an experienced mass tort attorney will quickly compile the cases and get them filed to avoid losing the ability to file the cases because of a statute of limitations. At this time, there is no data on the value of a settlement because it is a relatively new claim and is still in the process of being developed.
Mass Tort Litigation Case and Expectations
With a vehicular accident, the victim will file a claim and have a personal experience throughout the claim process. The period of time it takes to do this can range from a couple of months to two years in most states. However, in a mass tort case, there can be a long period of time before the various parts of the lawsuit process begin to occur. Multidistrict litigation cases are often heard before a state court, wherein commonalities in multiple cases are heard within one courtroom proceeding. Sometimes handed back to allow for individual case to continue the way it would in a singular case event with case going to trial. Although, it is more typical that centralized litigation occurs prior and then lead to a collective settlement so that the at-fault party can avoid an endless amount of trials in the following years. The at-fault company will create a catalog of injury types that have occurred and give each one a valued dollar amount. At this stage, the plaintiff can choose to whether to accept the settlement, which is often how mass tort cases are resolved.
Locating an Attorney
If you have been injured by a product or device like Cook’s IVC filter, you will want to retain an experienced mass tort litigation attorney as soon as possible. It is important that the attorney you find has experience in mass tort litigations. Research law firms before hiring a mass tort lawyer and make sure you making the right decision. Several law firms will gather the cases together as they have them come in, them hand them off to an attorney that specifically handles multidistrict litigation. This is not what you want for your case. Bring your case to an experienced mass tort attorney from a firm dedicated to multidistrict litigation. You will want an attorney that not only has experience dealing with the complexities of multidistrict litigation, but that also has the strength of leadership. If you have been harmed by an IVC filter, or some other device, contact our experienced mass tort law office top speak with a dedicated member of our multidistrict litigation team today about setting up your appointment for a free consultation to review your case.