9th Cir. Upholds Judgment Against C.R. Bard in IVC Filter Case

SAN FRANCISCO — A federal appellate court has upheld a trial court’s judgment in favor of a plaintiff in a Bard IVC filter action, ruling that C.R. Bard Inc.’s preemption argument failed because the plaintiff’s claim was based upon a state law duty to warn, and the FDA had not imposed any requirements related to the design or labeling of the device.

In an Aug. 13 opinion, the 9th Circuit U.S. Court of Appeals further held that the trial court correctly allowed a jury to decide the adequacy of Bard’s warnings.

Plaintiff Sherr-Una Booker alleges her Bard G2 IVC filter, …