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Federal Jury in Dallas finds against Bard in IVC Filter Case

06-03-2021 09:11 AM CET | Health & Medicine

Press release from: Martin | Baughman

On Friday May 28, a federal jury in Dallas, Texas, awarded $2.55M to a plaintiff against CR Bard Inc. and Bard Peripheral Vascular Inc., manufacturers of the Bard IVC filter line of medical devices. The plaintiff, Shanequeia Marie Wright, was represented by Laura Baughman and Ben C. Martin of Martin Baughman PLLC.

Wright was injured when a Bard Recovery IVC filter fractured in two pieces of the filter lodged in her heart and in her lung. Wright, age 47, had received the Bard filter in 2005 prior to having surgery. IVC filters are designed to prevent pulmonary embolism, a type of blood clot. In 2018
Wright discovered that the filter had broken apart and was also causing a pulmonary embolism.

The jury of eight unanimously found that the Bard filter was defectively designed. Bard had placed the Recovery on the market in 2003 as a new retrievable filter device. Devices before it had all been permanent devices. The Recovery filter was pulled from the market by Bard in 2005.
Bard has been plagued with problems associated with its retrievable line of IVC filters including complications of fracture, migration, and perforation. Bard’s problems with the Recovery led to a series of deaths and ultimately to the development of a replacement device without the retrievability option.

Bard, now owned by Becton-Dickinson, was the subject defendant in an 8000 case MDL that was disbanded in 2019. Hundreds of remanded cases are on file in federal district courts across the country. Wright’s case is the first Bard Recovery case tried to a verdict and the second plaintiff verdict received in a Bard case by Martin Baughman in the past month. In that case, Justin Peterson v Bard, the plaintiff received a $926,000.00 verdict in a case involving a Bard Eclipse filter. Like the Recovery, the Eclipse became another of Bard’s replacements for other problematic Bard filters. The Eclipse case was tried in federal court in Portland, Oregon. Peterson was represented by Tom Arbon and Ben C Martin, Dallas, Texas, Joe Johnson, West
Palm Beach, Florida and Keith Dozier, Portland, Oregon.

Martin | Baughman
Attn: Ben C. Martin or Laura Baughman
3141 Hood Street, Suite 6
Dallas, Texas 75219
214-761-6614

In February 2019, attorneys Martin and Baughman obtained a $3 million jury verdict against Cook Medical in another IVC filter case tried in Indianapolis, Indiana.

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