IVC Filter & Statute of Limitations
Time Limit to File a Lawsuit
So you have decided you might want to file a claim against C.R. Bard over its IVC filter.
Perhaps you have experienced the many side effects that hundreds of other patients have experienced from the filter migrating, eroding, breaking apart and landing in places other than where it was intended. Perhaps you have had to undergo numerous surgeries and experienced a loss financially, mounting medical bills, and experienced pain and suffering as a result of this medical device that was intended to improve the quality of your life.
What we are discovering in litigation is that C.R. Bard, of Murray Hill, New Jersey, had plenty of red flags that might have caused the company to proceed cautiously or recall its Recovery IVC filter until it understood what was injuring patients. Instead, Bard hired a PR firm to keep the public relations positive and protect its stock value and kept selling the troublesome Recovery filter until it developed the next generation of IVC filter, the G2, which also had problems.
Knowing that you or a loved one has experienced a preventable medical device injury might have you convinced to seek compensation for what you have endured.
Please be mindful that the clock is ticking whenever a lawsuit is being considered.
What is personal injury? It can occur from an auto accident, a boating accident, a slip and fall, dog bite or from a medical device that is defective. The result could be an injury or death. An injury can cost you thousands of dollars, time away from the job, pain and suffering for something that was not your fault.
Every state limits the time period within which you can file your claim for compensation. It’s called a statute of limitations. If you do not file in a timely manner against the doctor, the manufacturer, the healthcare provider, the hospital, the marketer, you will forever be prevented from bringing a claim. Every state has these laws and they differ by state.
In Florida, for example, you must file your medical malpractice lawsuit within two years of the date you were harmed by a medical professional, the date you knew or should have reasonably known the injury occurred. In some instances the deadline can be four-years after the alleged medical malpractice, regardless of when you should have known you were injured.
There are also exceptions for “fraud,” and you need to understand how the deadlines change if there was intentional concealment.
And we will need to consider in what state the device was placed. Virginia, for example, has one of the most restrictive rules that limit a patient’s rights to file a lawsuit to seek compensation. Virginia and many states in the Northeast limit the time period in which you can sue to two years after an implant.
A Florida Personal Injury action must be brought within four years of the date of injury in Florida. But then again there is some wiggle room. When was the injury discovered? Florida has enacted a 12-year statute of repose, which means a particular problem can have a longer time to manifest, such as a defect with a house that is not noticed until two years after the house is completed.
For an IVC filter, the problems associated with its implantation, may take years to manifest. As the patient, you trusted your doctor. You are not to blame for a device that failed to do its job and harmed you years after it was implanted.
Obviously, it is wise to consult with our Farah & Farah medical malpractice and product liability attorneys so we can sort out the facts and the dates of your particular action. There is nothing worse than being injured and not being able to do anything about it because a deadline was missed.
The makers of IVC filters have a duty to you, the consumer and patient, to make a device that is not only safe but effective. They designed the device, manufactured it or oversaw its manufacture, then they marketed the device to the public and to doctors. The company had an obligation to inform doctors about all of the potential side effects since doctors are considered the “end user,” not you the consumer or patient. It is up to the end user to inform you about any potential downsides. If doctors are not informed, the patient cannot give true informed consent to a procedure.
Marketing needs to be truthful and honest, not designed to cover-up what the company knew but didn’t want you to know. That is clearly putting profits before the public.
I wish we could say that honesty is the guiding principle here, but too often we find it is not.
A product liability claim can be filed if you or a loved one suffered an actual lost as a result of the failure of the manufacturer to live up to the promises it made about its product.
Working with IVC filter side effect lawyers from Farah & Farah, we will help you prove the device was defective in its design and defective in the way it was manufactured. We will prove to a jury that the manufacturer understood the failings of its product and should have warned consumers and doctors, that it breached its own warranty and was negligent toward you, the consumer.
Even when the medical device was used as it was intended, we will help you prove that the defect in the IVC filter caused your injury or your loved one’s death.
Companies should be held liable when they do not live up to their own marketing and are negligent to the public.
Farah & Farah’s IVC filter injury attorneys will help you file an individual claim against the manufacturer of your IVC filter in state court or determine whether you are eligible for multidistrict litigation or MDL. That is the consolidation of cases with a similar complaint.
Two MDLs have formed concerning IVC filters, one in Indiana and the other in Arizona to take cases against Bard and Cook Medical.
Let us work with you on the specifics of your particular case to bring you the compensation you deserve.
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