9th Cir. Allows Defense Verdict to Stand in Bellwether Bard IVC Filter Case

  • Opinion

SAN FRANCISCO — The 9th Circuit U.S. Court of Appeals has upheld a defense verdict in a bellwether Bard IVC filter case, ruling that the trial court did not abuse its discretion in excluding evidence concerning patient deaths caused by a different Bard filter.

In an Aug. 13 opinion, the appellate court found the U.S. District Court for the District of Arizona “adequately weighed the probative value and prejudicial effect of the proffered evidence,” meeting the demands of Rule 403.

In August 2010, Georgia resident Doris Jones underwent implantation of a Bard Eclipse IVC filter due to recurrent deep vein …

  • Gallagher & Kennedy
  • Lopez McHugh
  • Nelson Mullins Riley & Scarborough


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