IVC Filter Settlement Attorney in Fulton
The inferior vena cava (IVC) is the primary vessel for returning blood to the heart from the lower body. Inferior vena cava filters are tiny, cage shaped devices that doctors insert into the IVC to trap blood clots and keep them from entering the lungs. Doctors use these filters most often in patients who are at an increased risk for a pulmonary embolism (blood clot in the lungs), particularly if the patient cannot undergo anticoagulant therapy or such therapy was ineffective. Most IVC filters are left in place permanently, but some are temporary and removable.
Unfortunately, the FDA has received numerous reports linking IVC filters to adverse events. These events are likely related to the length of time the device stays implanted. The risks include:
- Embolization, in which the filter or parts of it moves into the heart or lungs.
- Migration of the device within the inferior vena cava.
- Breakage of the filter.
- Perforation of the IVC by the device.
- Difficulties removing an IVC filter.
Recent studies link long-term implantation of IVC filters with incidents of lower deep vein thrombosis and occlusion (blockage) of the inferior vena cava.
The FDA’s recommendation is that all IVC filters, even permanent ones, be removed as soon as the patient no longer needs protection from pulmonary embolism. Some patients may avoid the potential complications of IVC filters if the devices are removed as soon as possible. The FDA is concerned that retrievable IVC filters are not being removed when they are no longer necessary.
Filing Product Liability or Medical Malpractice Cases in Fulton
Depending upon how the injury occurred, injuries connected with IVC filters may be filed as either a medical malpractice case or a product liability case. If the IVC filter was defectively manufactured, designed or marketed, the case will be one of product liability. If the device was not defective, but the injuries were caused by a medical professional during the implantation or removal of the IVC filter, the case will be for medical malpractice.
Requirements for proving cases of medical malpractice or product liability differ. To prove medical malpractice, one must show:
- There was a doctor-patient relationship between the plaintiff (person suing) and the defendant (person being sued).
- The defendant was negligent. The law considers an action that does not meet the reasonable standard of care for a competent medical professional in the field negligence.
- The defendant’s negligence was the cause of the plaintiff’s injury.
- The victim’s injury must have some measurable damage.
Proving product liability in cases of medical devices requires:
- Showing the plaintiff suffered loss or injury.
- Proving the defectiveness of the device.
- Establishing how the device’s defect led to the loss or injury.
If you or a loved one has suffered injury from complications in association with an inferior vena cava filter, you may have reason to file a claim for medical malpractice or product liability. Choosing to file such a claim will require expert legal assistance.
Contact Discepolo Firm if you have an IVC case. Our firm was started more than fifteen years ago in Baltimore, Maryland. Since then, our lawyers have handled cases of medical malpractice and product liability resulting in nearly $100 million dollars in settlements for our clients. Discepolo has expanded to include offices in Illinois, Pennsylvania, Massachusetts, Washington, and offers co-counsel nationwide.
Our team of experts has the experience and dedication necessary to secure a favorable settlement for anyone injured by an IVC filter – and what’s more, we care about your case and that you receive fair compensation. If you think you may have a case, reach out to the team at Discepolo for a free initial evaluation.