Embedded IVC Filter Injury
An embedded IVC filter would be a situation in which the anterior vena cava grew or the device got stuck in a place where it cannot be removed. When you are dealing with foreign objects in the body, sometimes there are unintended consequences that can result and the IVC filter becoming embedded in the inferior vena cava where it is placed is one of those side effects, along with numerous other potential injuries people may suffer from malfunctioning filters.
Dangers and Symptoms
If an IVC filter becomes embedded it can ultimately perforate the vena cava and affect any surrounding organs, which can cause major damage to the surrounding organs and tissue.
Two of the main symptoms of an embedded filter include persistent pain that will not go away and swelling.
Proving an Embedded IVC Filter Injury
In order to collect evidence as proof that a filter has become embedded it is important to know the type of filter the individual had placed in their body, whether it is Bard or Cook or one of the smaller manufacturers. Also, X-rays can show that the filter is not in place, doing its job as intended.
A person with an embedded IVC filter can bring claims against the manufacturer of the device for past and future medical expenses, lost wages if there are any associated with the injuries, pain and suffering, and then if there is any scarring or permanency to the injury, that can be compensated for as well.
Importance of Contacting an Experienced Attorney
A person with an IVC filter should contact a lawyer immediately to protect any claims they may have. There are multiple litigations moving forward at this time. The Bard litigation has been consolidated into a multi-district litigation in federal court in Arizona, and that litigation is progressing. If someone has a retrievable device then they need to speak with an attorney to make sure their rights are protected and that a case is calmly fought out.
One thing that is very important to mention is that most states have a statute of repose. Everybody knows the statute of limitations. If you suffer an injury on X-date then you have two, three, or four years, depending on the state, to file your lawsuit or it is barred.
Most states, including North Carolina, have a 12-year statute of repose. What that means is, regardless of when the injury presents itself, you cannot bring a claim more than 12 years after the product’s initial purchase. Therefore, if someone has a retrievable IVC implanted and they do not yet have an injury, the time frame within which the product was first sold could be close to expiring. This is in addition to the high failure rate or potential for it to ultimately fail. For example, the hospital may have purchased that filter back in the early 2000s, or they may have had it placed back in the early to mid-2000s. The statute of repose would bar your case the same as if the statute of limitations expired, so you want to make sure that your claim is protected.