August 18, 2020 — Federal judges have upheld a $3.6 million award to a woman who was injured by a Bard IVC Filter.
The case involved Sherr-Una B., a woman who was injured when Bard’s G2 Vena Cava Filter fractured and broke into pieces in her body. She required open heart surgery.
In her lawsuit, she accused Bard of failing to warn about the health risks.
The jury found Bard liable for her injuries and awarded $1.6 million in compensatory damages, plus another $2 million in punitive damages.
Bard tried to challenge the $3.6 million verdict by arguing that her lawsuit was preempted by federal law.
In an opinion (PDF) issued on August 13, three federal judges with the U.S. Court of Appeals for the Ninth Circuit rejected all of Bard’s arguments and upheld the verdict.
Her Booker case was the first of the so-called bellwether trials conducted in the federal court in Phoenix.
Her lawsuit was the first of the so-called “bellwether trials” in a federal court in Phoenix where over 3,600 similar IVC Filter lawsuits were centralized in a Multi-District Litigation (MDL).
The case is Sherr-Una Booker v. C.R. Bard, Inc. and Bard Peripheral Vascular, Inc. — Case No. 16-cv-474
The lawsuit was filed In re: Bard IVC Filters Product Liability Litigation.
Do I have an IVC Filter Lawsuit?
The Schmidt Firm, PLLC is currently accepting IVC filter induced injury cases in all 50 states. If you or somebody you know has been injured by a defective IVC Filter (blood clot filter), you should contact our lawyers immediately for a free case consultation. Please use the form below to contact our Product Liability Litigation Group or call toll free 24 hours a day at (866) 920-0753.
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