C.R. Bard Prevails on Warning, Fraud Claims in Fla. Federal IVC Filter Action
November 1, 2022
GAINESVILLE, Fla. — A Florida federal judge has dismissed failure-to-warn and fraud claims from an action alleging injuries caused by a defective IVC filter manufactured by C.R. Bard, ruling they are barred by the learned intermediary doctrine.
In a Sept. 16 order, Judge Allen Winsor of the U.S. District Court for the Northern District of Florida explained that the plaintiff’s implanting surgeon testified that he probably hadn’t read the accompanying instructions for use before implanting the filter.
Joseph Mixson was implanted with Bard’s G2 IVC filter in September 2007. Mixson, a Florida resident, was in the army at the time …