Bard IVC Case Survives Summary Judgment Motion in Tenn. Federal Court

NASHVILLE, Tenn. — A Tennessee federal judge has denied C.R. Bard Inc. summary judgment on failure-to-warn claims in a lawsuit targeting its Meridian IVC Filter, finding the plaintiff has established a question of fact as to whether his doctor, who is now deceased, was adequately warned of the device’s risks.

In an April 6 order, Judge Aleta Trauger of the U.S. District Court for the District of Tennessee further ruled that summary judgment on the design-based claims would be premature because the availability of comment k protection “is dependent on, among other things, whether Bard adequately warned physicians regarding the …