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What are the Right Steps in Filing an IVC Filter Lawsuit?

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Ava Sanghvia
What are the Right Steps in Filing an IVC Filter Lawsuit?

Know everything about IVC filters and how to file an IVC filter lawsuit to get the right compensation you deserve for all your loss. 

 

Evidence proves that IVC filters cause more harm than good. Thousands of patients have suffered severe injuries because of the device failing to work. Also, manufacturers now get sued for selling such harmful products in the market. 

 

It is one of the reasons why there is a rise in the number of IVC Filters lawsuits. People are taking a stand against injustice and severe damage caused by dangerous devices.  

 

Customers before buying are not informed about the health risk associated with IVC filters. In recent times, the number of IVC filter implants got skyrocketed. 

 

It is said to be a viable option for treating those with the risk of pulmonary embolism. However, the concern over the safety and benefits it provides drastically increased. 

 

Patients have come together to file IVC Filter lawsuits against the manufacturer. Many are filing claims on negligence and defective design for which the manufacturer can get sued. 

What are IVC Filters? 

 

It stands for inferior vena cava filter, a small device implanted to the most prominent vein in the body. The vein is below the kidney, and it is to captures blood clots that break loose from one of the veins in the legs. 

 

When a blood clot occurs, it usually stops the blood from circulating in the body. But, frequently, the blood clot appears to develop within an artery or vein. And this can be a very severe concern. It can cause significant health issues like heart stroke, heart attack, and other life-threatening conditions. 

 

IVC placement is essential when a blood clot occurs in the vein and your normal blood flow is disruptive. It may cause problems like swelling, redness, and severe pain in the area. Blood clots usually get treated with blood thinner, but sometimes other treatments are needed. 

 

In such cases, the IVC filter seems to be the right pick for placing in the vein. The small device prevents blood clotting from moving your blood through the lungs seamlessly. Instead, a specialized interventional radiologist does this kind of treatment. 

 

The professional specializes in image-guided procedures, and they will carefully position the IVC filter in the vein. 

Removing IVC Filter

 

The device looks like a spider, with a small central body and severe metal legs. It gets planted in the largest vein in the body, the inferior vena cava. 

However, the  U.S. FDA (Food and Drug Administration) recommends using this for temporary treatment. Therefore, patients get advised to remove them 29 to 54 days after placement.

 

It is best if the patient removes the IVC filters as soon as the need for pulmonary embolism protection. However, patients must get informed about the wrongful results and dangers to keep their IVC filters longer than needed. 

 

These devices increase the risk of new forms of blood clotting and other formation in the abdomen and the legs. If your IVC filter is a retrievable type, it is best to get the removing procedure done. 

 

Unfortunately, the removal process brings in risks and challenges in a way that comprises the patient’s life. The reason can be many, as IVC can migrate, tilt or fracture, adding more threat. 

Complication from Placement that Needs you to file IVC Filter lawsuit

 

Your doctor will usually advise you on the exact date and time of removing the implant. 

 

If you are suffering from any IVC filter complications mentioned below, it is best to file an IVC Filter lawsuit. If the implant gets left in the place for too long, the filter can migrate or fracture you internally.

 

  • Blood flow blocking in the vein
  • Embedding the nearby organ
  • Traveling to the heart or even lungs and causing the breathing problem
  • Puncturing the vena cava and causing internal bleeding

 

Suppose you are suffering from this type of symptom and experiencing pain or another serious health issue. In such a case, you should get emergency medical care and file an IVC Filter lawsuit which will work in your interest. 

 

Some complications related to the placement can be too deadly. Symptoms for such complications include: 

 

  • Unbearable Pain in the abdomen
  • Gasping for air and constant pain in the chest
  • Increased heart rate and pulse rate massively
  • Feeling chest fullness, and other signs of hemorrhagic pericardial effusion
  • Low blood pressure
  • Shortness of breath
  • And lightheadedness

When to File an IVC Filter Lawsuit Claim? 

 

It is always essential and good to know the time limit to file a lawsuit. Also, because your injuries are fresh, the incident is relevant, and everything is clear. If you delay filing a lawsuit, you may face many challenges.

 

You might be in a dilemma whether it is a good idea to file an IVC filter lawsuit or not? People file IVC filter lawsuits when the device fails to work as expected. Unfortunately, this allows them to cause severe injuries or even making the device impossible to remove. 

 

If the component breaks off or the device is slip in different parts and places around your body. You are at a much greater risk of affecting your health since the piece can pierce blood vessels or organs. Know more about your right as a victim before filing IVC Filter Lawsuit Claim at Getlegal.

 

You can file a claim against the manufacturer of the device while filing an IVC filter lawsuit, if: 

 

  • Your IVC filter complication needs additional medical care and more expenses from your pocket
  • Your surgeon attempts to remove all the IVC filters present in your body; however, they failed to do so
  • You lost a family member or dear one to pulmonary embolism. The reason for the same is broken or damaged, loose IVC filter.
  • Your filter is migrating from original placement to other unidentified parts. 

 

IFC Filter lawsuits are majorly on manufacturers’ designed, manufactured, and marketed defective devices. However, the claims are also on the companies that did not inform about the side effects. Along with that, no warning to the doctors and patients about the risks of the devices. 

Severe Cases that Needs Filing for  IVC Filter Lawsuit 

 

Many people with the insertion of an IVC filter are currently at risk of severe, fatal, and adverse consequences. Therefore, FDA has informed patients, however, taking immediate follow-up and removing the device as soon as possible. 

 

If you or your loved ones or someone you know is getting a medical condition mentioned below. You should take the right step by reaching to a health care professional. Also, do not forget to file an IVC filter lawsuit with the help of an attorney. 

 

Their knowledge and experience in the case can be a lot valuable for you to get compensated rightly. Let’s discuss some severe issues that need you to file an IVC Filter lawsuit. 

 

  • Migration:

 

 

The major drawback of the IVC filter is its migration from the actual place to other parts of the body. It is a severe complication since the migration is unknown, and it can cause any damage internally. 

 

The major challenge is when the device gets dislodged and when it moves away from the original spot. Usually, it gets recommended to remove it in the time frame suggested by the doctor. However, if they fail to do so, a problem like this occurs. 

 

The situation can go serious if the device migrates to the body’s vital organs, such as the heart. Thus, there is the possibility of the device affecting health and even cause death. 

 

If it migrates by 2 cm or greater, it indicates significant migration and a potentially fatal situation. 

 

  • IVC Filter device Tilt: 

 

 

It is another prevalent yet severe issue associated with the instrument. As soon as the device gets positioned in the body, it might later tilt inside. The tilt occurs inside the vena cava, exposing the patient to risk and damage to pulmonary embolism. 

 

Although slight tilt is still manageable, it can cause the device to embed in the patient. It is one of the reasons why the attempt to remove the device becomes impossible and difficult. A tilt is defined to be massive when it is greater than 15 degrees. 

 

  • Thrombosis: 

 

 

While the device’s primary purpose is to decrease pulmonary embolism risk, it can eventually increase the risk, and the condition gets termed Deep Venous Thrombosis. The device can cause blood clotting issues, and it is in the deep vein of the blood. 

 

There are various ways one can realize one is suffering from DVT. However, filing an IVC Filter lawsuit becomes way too crucial in severe conditions like this. Some of the significant signs are pain and swelling in the leg, heavy abdomen ache, and red skin redness. Click here to know more about the IVC filter lawsuit.

 

  • Fracture

 

You may be wondering if a small device injected can fracture your body internally? A fracture occurs when there is a structural flaw in the inferior vena cava filter. It is majorly the responsibility of the manufacturer to ensure the device is in working condition. 

 

If there are structural flaws, the parts break into the patient’s body and spread, move around. As serious as it sounds, it will deteriorate the patient’s health condition, making them suffer more. 

 

It is indeed a severe potential health concern, damaging your organ from the projectiles of the device.

 

  • Retrieval failure

 

 

After several attempts of removing the filter, it is still impossible to remove it. It is among the most challenging issues that a doctor faces. The filter removal procedure is hazardous and requires enough attention and caution. 

 

Even after FDA recommending the removal as quickly as possible, there are instances that it is hard to remove the filter without seriously injuring or killing the patient. 

 

The reason for the same can be defective IVC filter or wrongful treatment by doctors. Either way, you must file an IVC filter lawsuit and bring the responsible one in the light. 

Some Patients need Additional Treatment Post IVC filter Complication. 

 

Not all patients, but a few and unlucky ones suffer the most. It requires them to do additional medical care because the problem of the IVC filter complicated the situation 2x times. 

 

It is when you qualify strongly to file an IVC filter lawsuit to hold the manufacturer liable. 

 

While some people only undergo observation, some suffer from extensive surgery to correct their symptoms. It can also be a situation of life-threatening IVC filter complications that needs prevention. 

 

  1. If you revise IVC filter placement after the migration or fracture
  2. Removing additional parts of the IVC filter after failing the attempt to remove it
  3. Repairing the damage caused by IVC filter fracture
  4. Stopping the internal bleeding or preventing severe bleed

What to know before Filing an IVC Filter Lawsuit? 

 

If you are thinking about filing an IVC filter lawsuit, here are some essential things to know. First, however, do not get started without working on the few basic things mentioned below. 

 

  • Which IVC filter implant do you have? 

 

 

A dozen IVC filter types are approved for the patient to use by the FDA. While the device may look similar, there are design and other uniqueness to each one of it. 

 

The IVC filter implant that you received for your treatment will be the center of your lawsuit. So, it is best to know the right type before filing an IVC filter lawsuit. 

 

Common ones are: 

 

  • Bard Denali IVC filter
  • Bard Simon Nitinol IVC filter
  • Boston Scientific Greenfield IVC filter
  • Cook Gunther Tulip IVC filter
  • Cook Celect IVC filter
  • Cordis Optease IVC filter, and
  • Rex Option IVC filter.

 

  • Which Company manufactured the IVC filter? 

 

The company that manufactured the device implanted in you is the one to be held responsible for your injuries. Unfortunately, there are not just one in the market but many, so find your manufacturing company. 

 

Also, filing an IVC filter lawsuit is a challenge in itself. You will be dealing with large manufacturing companies holding a solid position in the market, so you'll need to have strong evidence in support. 

 

  • ALR
  • Argon Medical Devices
  • B. Braun Interventional Systems Inc.
  • Boston Scientific
  • Cook Medical
  • C.R. Bard
  • Cordis Corporation, and
  • RexMedical Option.

 

It is the list of manufacturing companies that deal with IVC filters. There can be more to the list, so find yours and then file an IVC filter lawsuit. Visit Getlegal to know more about it!

 

 

  • Does your Type of Implant have side effects or risks Mentioned earlier?

 

 

To date,  there are many IVC filter lawsuits, so the chances of your type can be high too. Therefore, it is best to do a little research to know if there were cases of damage or risks associated with your type of implant. 

 

The reason this is important is it will strengthen your case 2x times. However, if you are still doubtful about where to start, you should contact an attorney to conduct an investigation. 

 

They have a deep understanding and a lot of experience in dealing with such patients. Their valuable knowledge will bring in better results for your IVC filter lawsuit. 

 

  • Do you know when the IVC filter got planted? 

 

Knowing the exact date, time, and place you received your IVC implant is strongly important, along with other essential information about medical care and procedures that get relevant to your case.  

 

  • Was your IVC filter recalled by Food & Drug Administration? 

 

 

There are tons of IVC filters in the market recalled by the FDA and manufacturers. However, it doesn’t prove that a recall automatically means your device is dangerous. There can be other reasons for the recall, essential as a potential health risk or testing for reassurance. 

 

The recall is majorly issued to protect the patient’s health and be double sure about the instrument. However, there are sporadic cases of FDA recalling for a medical device. 

 

There needs to be substantial evidence supporting severe threats to the health and safety of patients. So, it is best to know if your device had to go through the recalling procedure or no? 

 

Fight for your Rights as a Victim with IVC filter Lawsuit.

 

Do not hesitate to file an IVC Filter lawsuit if you are injured because of a defective IVC Filter. It is your right to seek compensation and claim for the injuries that occurred. Filing an IVC filter lawsuit against the manufacturer will help you get the right compensation. 

 

Remember, IVC filter lawsuits get classified as product liability matters, and you need an attorney for the same. Visit Getlegal to know more about how an attorney can help you in an IVC filter lawsuit.

https://www.getlegal.com/legal-info-center/lawsuits-disputes/

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