Medical Malpractice lawsuits can originate in a variety of ways, many times by way of a health care provider deviating from the requisite standard of care during a treatment or procedure which causes injury to a patient. However, another way for a medical malpractice case to gain traction is by way of defective drugs and/or medical devices.
Between 1990 and 2008, spending on prescription drugs increased from $40 billion to $234 billion in the United States. Today, almost 50% of all Americans take at least one prescription drug. The result of the dramatic increase in prescription consumption is an $85 billion-per-year industry. With the booming market comes increased exposure to drug and medical device manufacturers as a result of patients experiencing debilitating side effects from consuming a prescription drug or using a medical device.
While these drugs and medical devices can do wonders for a number of patients, instances do exist where the prescribed medication or devices cause more harm than good.
One medical device that has recently received a lot of scrutiny is the IVC (Inferior Vena Cava) filter.
The IVC filter was originally designed to capture blood clots before they enter the lungs. During the placement of an IVC filter, a filtering device is placed within the Inferior Vena Cava which is a large vein in the abdomen that serves to return blood from the lower body to the heart. This serves to prevent blood from clotting in the veins of the legs and the pelvis which can otherwise occasionally travel to the lungs where they may cause a pulmonary embolism or blockage. The IVC filter helps to reduce the risk of pulmonary embolism by trapping the large clots and preventing them from reaching vital organs.
The main manufacturers of the IVC filter are C.R. Bard, Cook Medical and Boston Scientific and all three are currently involved in litigation regarding their products.
Plaintiffs that have filed lawsuits claim that the manufacturers of the IVC filters failed to warn both patients and physicians of the increased risks of the filter breaking, and metal fragments moving through the blood which can have devastating effects. There have been claims made that the manufacturers knew of the risks but chose not to disclose their research to the Food and Drug Administration in order to gain approval.
Lawsuits were first filed against C.R. Bard in California and Pennsylvania in 2012. Two years later, lawsuits that were filed against Cook Medical were combined and brought into the Southern District of Indiana.
Today, more than 150 lawsuits are pending against the companies.
Medical malpractice can have devastating effects that last a lifetime. If you have been injured by a physician’s neglect, attorneys Charles Gilman and Briggs Bedigian will work to get you the full compensation to which you are entitled. Call 800-529-6162 today or contact them online for a free case evaluation. They handle cases in Maryland, Pennsylvania, and Washington, D.C.
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