Bard IVC Filter Action Survives Dismissal Motion in Va. Federal Court
December 30, 2020
RICHMOND, Va. — A Virginia federal judge has refused to dismiss a lawsuit targeting C.R. Bard Inc.’s Simon Nitinol Vena Cava Filter, ruling that the plaintiff has adequately alleged that the company had a post-sale duty to warn of the device’s tendency to perforate organs and fracture following implantation.
In a Dec. 23 order, Judge David J. Novak of the U.S. District Court for the Eastern District of Virginia further ruled that the learned intermediary doctrine does not bar the plaintiff’s failure-to-warn claim because she sufficiently alleged that Bard failed to adequately warn her doctor of the device’s risks.
- Nelson Mullins Riley & Scarborough
- The Law Office of Tammy Lee Howell Pasto