Ariz. Federal IVC Filter Action Dismissed as Untimely
November 29, 2023
PHOENIX — An Arizona federal judge has dismissed a C.R. Bard IVC filter case on timeliness grounds, ruling the plaintiff’s claims accrued when she underwent unsuccessful removal surgery in June 2020, yet she waited to sue until March 2023, nine months too late.
In a Nov. 27 order, Judge Dominic Lanza of the U.S. District Court for the District of Arizona rejected the plaintiff’s argument that the limitations period was tolled by fraudulent concealment, finding her efforts to retain counsel in 2019 showed that she was aware of Bard’s potential responsibility for her injuries.
Ecila Jones underwent implantation of Bard’s …