Johnson City IVC Filter Lawyers
Did you suffer severe injury due to a defective IVC filter? If so, you could be owed significant compensation from the manufacturer of the device. The Law Offices of Seaton & Bates, PLLC represent victims and their families across Tennessee, and we are committed to getting you the full and fair compensation you deserve.
The inferior vena cava (or IVC) is a large vein that carries deoxygenated blood to the heart. IVC filters are small medical devices placed into the inferior vena cava to prevent blood clots from reaching the lungs. IVC filters are often placed to prevent possible pulmonary embolism. An IVC filter is often placed through a small incision in the neck or groin.
In 2010, the United States Food and Drug Administration issued a Safety Communication stating it had received 921 adverse event reports from IVC filters, including 328 reports of device migration, 146 reports of device embolization, 70 reports of perforation of the inferior vena cava, and 56 reports of filter fracture. In a 2014 advisory, the FDA noted that other known long-term risks associated with IVC filters included lower limb DVT and IVC occlusion. When a person experiences issues with an IVC filter, common symptoms include chest pain, neck pain, nausea, shortness of breath, lightheadedness, and an increased heart rate.
Did you or your loved one suffer severe personal injuries because of an IVC filter in Johnson City or a surrounding area of Tennessee? Medical device injury claims are complicated, and you will want to make sure that you are working with an experienced attorney. The Law Offices of Seaton & Bates, PLLC has years of experience representing victims of defective medical devices, and we are available to help you get the financial compensation you need and deserve. Call (423) 282-1041 or contact us online to take advantage of a free consultation.
Do I Need an IVC Filter Lawyer?
In the first federal IVC filter trial in 2018, an Arizona jury awarded the plaintiff $2 million in compensatory damages and $2 million in punitive damages. C.R. Bard, the maker of the product, was found to be 80 percent liable and was ordered to pay $3.6 million. In many of these IVC filter cases, the manufacturers are prepared to do whatever they can to delay legal claims to avoid paying massive damages like this. They often deny all liability, arguing that your injuries are unrelated or your own fault.
In some cases, victims may be offered lump-sum settlements to resolve their cases. These offers are designed to close the cases of the most desperate individuals quickly, but the settlements rarely provide enough compensation to cover a victim’s future expenses.
You will want an attorney to deal with insurance companies on your behalf. Your lawyer can prevent you from accidentally making any statements that damage your ability to recover compensation. They will also recognize if a settlement offer is too low.
Why Choose the Law Offices of Seaton & Bates, PLLC to Handle My Case?
The Law Offices of Seaton & Bates, PLLC have been helping clients since 1984. Our firm emphasizes a team approach to every case, and all phone calls are returned within 24 hours.
Tony Seaton is a board-certified specialist in Civil Trial Practice. He has more than three decades of legal experience and an AV Preeminent rating from Martindale-Hubbell, a peer rating denoting the highest level of professional excellence.
The National Association of Personal Injury Attorneys named Robert Bates a Top 10 Lawyer Under 40 in 2015. He has served as treasurer of the Washington County Bar Association and is a member of the Tennessee Trial Lawyers Association.
You do not have to worry about paying us anything until you get a monetary award because we handle IVC filter cases on a contingency fee basis. If Law Offices of Seaton & Bates, PLLC cannot obtain a just settlement for you, we can file a lawsuit and try your case in court.
Types of IVC Filter Cases We Handle
While there are many different brands of IVC filters, some have been linked to severe injury and death. IVC filters can cause complications in certain patients. Some of the complications that can result from IVC placement are as follows:
- Filter fractures in which parts break off and travel to other parts of the body
- Damage to other organs from perforations of the vessel walls
- Filter removal difficulties
- Migration or movement of the filter
- Embolization after device migration (creating blood supply complications the device was intended to prevent)
- Malposition that exposes a trapped clot to a maximal inflow of blood
- Improper deployment of IVC filter
- Deep vein thrombosis (DVT)
- Pulmonary embolism (PE)
IVC filters are usually implanted in people with a history or risk of developing blood clots, including patients who 1) are suffering from PE, 2) have been diagnosed with DVT, or 3) are recovering from surgery. Also, recent trauma victims, immobile individuals, or people at risk of developing PE are often given IVC filters.
Patients should be sure to maintain regular communication with physicians so IVC filters can be removed when appropriate. Other professionals who could be involved may include vascular surgeons, bariatric surgeons, orthopedic surgeons, interventional cardiologists, and interventional radiologists.
Other long-term risks of IVC filters include cardiac tamponade, hemorrhagic pericardial effusion, air embolisms, and infections. The most serious complications of IVC filters are stroke or death.
Frequently Asked Questions About IVC Filter
We hope that you have never had to deal with a defective medical device claim before. However, that means you are likely overwhelmed and confused by your situation. To ease some stress, we have provided the answers to some common questions we hear at our firm below.
IVC filters are usually removed when they are no longer needed. You should discuss with your doctor whether your IVC filter is still necessary. Generally, any retrievable IVC filter is a candidate for removal. IVC filters may be moved using forceps or a standard process using a snare. It is also recommended that a filter is removed when the risk of a blood clot traveling to the lungs has passed.
There are essentially two types of IVC filters: permanent and retrievable. The eight brands of permanent IVC filters include:
- Bird’s Nest filter from Cook Medical
- Gunther Tulip filter from Cook Medical
- Vena Tech LGM filter from B. Braun
- Vena Tech LP filter from B. Braun
- Simon Nitinol filter from C.R. Bard
- TrapEase filter from Cordis Corporation
- Titanium Greenfield filter from Boston Scientific
- Over-the-wire Greenfield filter from Boston Scientific
The eight brands of retrievable IVC filters include:
- ALN optional vena cava filter from ALN Implants Chirugicaux
- G2 vena cava filter from C.R. Bard
- G2 X vena cava filter from C.R. Bard
- Eclipse vena cava filter from C.R. Bard
- Günther Tulip vena cava filter from Cook Medical
- Celect vena cava filter from Cook Medical
- OptEase retrievable vena cava filter from Cordis
- Option retrievable vena cava filter from Rex Medical
Regardless of which IVC filter you have, we can help you with a claim.
While many of these cases are eventually settled without needing to go to court, some cases do go to trial. Victims who win their court cases can be awarded compensatory damages, which are a combination of economic damages and noneconomic damages. Economic damages are actual monetary losses, while noneconomic damages are more subjective and cannot be quantified. Economic damages commonly include medical bills, lost wages, and rehabilitative costs; noneconomic damages often include pain and suffering, emotional distress, and loss of consortium.
A jury could also award punitive damages, but these are rare. Under Tennessee Code § 29-39-104(1), punitive damages can only be awarded when a claimant proves by clear and convincing evidence that the defendant acted maliciously, intentionally, fraudulently, or recklessly. Punitive damages are limited to the greater of two times the total amount of compensatory damages awarded or $500,000.
A study published in the March 2016 Journal of the American College of Cardiology found that among 556,658 patients hospitalized with PE, 94,427 underwent IVC filter placement. The study estimated that 1 in 6 Medicare beneficiaries with PE will receive an IVC filter.
Another study published on July 13, 2018, on the JAMA Network found that of 126,030 patients with venous thromboembolic disease, 45,771 (or 36.3 percent) were treated with an IVC filter and 80,259 (63.7 percent) did not receive a filter. The study's most significant finding was that patients who received an IVC were associated with a higher 30-day mortality rate.
A retrospective study of 144 patients with retrievable IVC filters inserted between 2004 and 2008 published in the National Center for Biotechnology Information evaluated the incidence of complications and the rate and success of retrieval, which was attempted in 14 cases at an average of 4.6 months. Retrieval was successful in 10 of 14 cases with complications including IVC thrombosis in three cases, a new deep venous thrombosis in six patients, a new DVT with new PE in one patient, and filter migration in two patients.
Contact a Johnson City IVC Filter Attorney Today
If you or your loved one sustained severe injury after receiving an IVC filter in the Greater Johnson City area, you could be entitled to compensation. Do not wait to retain legal counsel. The Law Offices of Seaton & Bates, PLLC can help you even if you have not yet experienced any symptoms. You can have our lawyers review your case as soon as you call (423) 282-1041 or contact us online to set up a free consultation.