Warning, Design Defect Claims May Proceed to Trial in Bard IVC Filter Case

PHOENIX — An Arizona federal judge has denied C.R. Bard’s motion for summary judgment on failure to warn claims in a Recover IVC filter case, finding sufficient evidence that a different warning would have changed the plaintiff’s surgeon to implant the device.

In an April 16 order, Senior Judge David G. Campbell of the U.S. District Court for the District of Arizona also allowed the design defect and fraudulent concealment claims to proceed.

The judge said a jury could conclude from the evidence that specific and reasonable alternative design changes were available when Bard developed the Recovery, and there …