Plaintiff's Motion To Rule Out Certain Evidence Denied

Plaintiff's Motion To Rule Out Certain Evidence Denied

Introduction

In an order issued on September 4, Senior Judge David Campbell, overlooking C.R. Bard IVC Filter litigation, denied a motion filed by a plaintiff to exclude evidence linked to the device instructions from the next bellwether trial.

The motion filed by the plaintiff stated certain guidelines published by the Society of Interventional Radiologists (SIR) be barred from use in the upcoming trial.  However, the Arizona federal judge denied the request on the fact that the instructions are relevant to the design defect claims filed by the plaintiff. The plaintiff was implanted with a Bard IVC filter in 2011 to treat her deep-vein thrombosis and pulmonary embolisms. While Bard stated an Eclipse model was implanted, the plaintiff indicates it was G2X Blood vessel filter.  In 2014, the device was found to be fractured and was eventually removed.

C.R. Bard's G2 Series of IVC Filter has been reported to rupture easily and migrate into the body, perforating blood vessels and other organs. Bard faces more than 3,800 lawsuits related to the severe internal injuries caused due to the device breakage. Multidistrict litigation (MDL No.2641; In Re: Bard IVC Filters Products Liability Litigation) was created on August 17, 2015, in the United States District Court District of Arizona, presided over by Judge David G. Campbell for centralized pretrial proceedings.