Verdict of $3.3 Million for Plaintiff Against Bard in IVC Filter Case
For the third time in less than five weeks, Bard has been hit with a verdict in an IVC filter case. Ben C. Martin of Martin Baughman, Dallas, Texas, reports that the verdict, rendered today in federal court in Madison, Wisconsin, occurred after three days of jury deliberation. The unanimous jury of seven found in favor of plaintiff Natalie Johnson after finding Bard responsible for a defective warning in the case involving a Bard Meridian filter, awarding Johnson 3.3 million dollars.
Johnson, 60, was implanted with the IVC filter in anticipation of a surgery involving her lower extremities. The filter was placed to protect Johnson from a pulmonary embolus. It was found to have fractured in 2018 after a CT scan which revealed that one of the tines of the filter had embolized to Ms. Johnson’s right ventricle while another tine had broken and become embedded in the vena cava just above the filter. The filter was removed shortly after it was found to have fractured.
Experts for the defense suggested that the broken parts of the filter were stable and that the chances of any further harm occurring were minimal, though no guarantee could be made by the defense experts that the remaining pieces would not move.
“Bard wants to try cases so we try cases,” said Martin.
Martin’s firm has had recent success against Bard in IVC filter cases. In the past five weeks Martin Baughman has garnered jury verdicts of $926,000 in Portland and $2.5 million in Dallas, in addition to the latest verdict in Wisconsin. Laura Baughman, co-lead counsel with Martin in the Dallas case, also involving a strut to the heart, could not recall another such streak of victories against a device manufacturer in such a short period of time. “I don’t know if it’s happened or not,” said Baughman. “I really don’t have time to think about it. We have three more trials next month.”
Bard was the subject defendant in an MDL regarding their IVC filter products. That MDL, closed for new filings in 2019, was overseen by Hon. David Campbell, Phoenix, AZ. Bard has been embroiled with issues relating to several of its products in recent years. In addition to its problems with its IVC filter line, it has had other allegations lodged against at it for other products including hernia mesh and transvaginal mesh, both subject to MDL’s at various times.
Co-lead counsel in the Portland, Oregon and Madison, Wisconsin cases were Joe Johnson, West Palm Beach, Florida and Tom Arbon, Dallas, Texas. Jason Joy, Jason Joy and Associates, Houston, Texas, and Jadon Voelke, Martin Baughman, Dallas, Texas, also appeared.
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