New Orleans, Louisiana – A New Orleans couple is suing a medical device manufacturer, alleging that one of the defendant’s products is causing damage but can’t be removed. Mark Rodrigue and Debra Rodrigue have filed a lawsuit against CR Bard Incorporated and Bard Peripheral Vascular. The lawsuit, which was filed on 13th November in the United States District Court for the Eastern District of Louisiana, cites products liability, defective design, improper warning, loss of consortium, breach of expressed warranty and redhibition.
On 18th March, 2009, Debra underwent a surgery for the placement of a filter device in one of the veins near the heart, the lawsuit claims. The manufacturer of this filter was defendant Bard, according to the suit. This filter is supposed to help prevent blood clots from reaching the heart. The plaintiffs allege that the filter failed, but can’t be removed. Additionally, the device has perforated in Debra’s vein, causing her to incur substantial medical costs and to suffer extreme physical pain and disability, the lawsuit claims.
Between 2003 and 2005, according to the lawsuit, the defendant company had got more than 32 reports showing that the filter had broken in the veins of patients. While the company started redesigning the device, the complaint says Bard stopped marketing the filter but failed to issue a recall. Additionally, the defendant failed to notify the consumers and the healthcare community of the risks, the plaintiffs allege.
In their lawsuit, Mark Rodrigue and Debra Rodrigue are seeking unspecified compensatory, punitive, and economic damages, plus pre-judgment and post-judgment interests, attorney fees, and court costs. The couple is also demanding a jury trial for resolving the issues.
Retrievable IVC (inferior vena cava) filters are metal devices intended to stop blood clots from moving to the heart or lungs. An IVC filter resembles a metal cage. It is surgically implanted into the vein of a patient. Most patients use blood thinner medications for preventing blood clots. IVC filters are used on patients who are unable to use blood thinners for various reasons. This medical device was introduced in 1979. By year 2012, IVC filters have been inserted in more than 259,000 patients.
IVC filters are linked to potential risks, such as failing to prevent blood clots from bypassing them, damaging veins etc. IVC filter implantation may cause severe complications when, at times, the device travels to another body part after breaks apart.