C.R. Bard Awarded Summary Judgment in IVC Filter Case for Lack of Expert Testimony
November 14, 2022
NEW YORK — A New York federal judge has dismissed a C.R. Bard Inc. IVC filter case, ruling that summary judgment for the defendant is appropriate because the plaintiff failed to present expert testimony backing his allegation that the device caused him to vomit blood.
In a Nov. 7 order, Judge Cathy Seibel of the U.S. District Court for the Southern District of New York explained that such testimony is required because it is not common knowledge that IVC filters could or would cause such a reaction.
Pro se plaintiff William T. Thomas suffered from left lower extremity deep vein …