First Bard IVC Bellwether to be tried in Two Phases

First Bard IVC Bellwether to be tried in Two Phases

Introduction

The first Bard IVC Filter bellwether belonging to MDL: 2641 in re: Bard IVC Filters Products Liability Litigation is scheduled to convene on March 14 this year before U.S. federal Judge David G. Campbell, in the United States District Court District of Arizona.

The pre-trial discovery stage is in progress. The first bellwether will be tried in two phases. The first phase will determine liability and compensatory damages to be followed by a second phase where a decision will be taken whether punitive damages should be awarded.

The court also allowed the manufacturer to present evidence pertaining to its blood clot filters’ 510(k) clearance at the first bellwether trial by overruling plaintiffs’ motion made on January 29. However, Judge Campbell made it clear that he will not consider the evidence as proof that the filters were approved by the FDA.

About 3,000 IVC filter lawsuits are pending in the consolidated action against C.R. Bard for its Recovery, G2, G2 Express, G2X, Eclipse, Meridian, and Denali IVC filters wherein plaintiffs claim that due to manufacturing and design defects, Bard filters are more dangerous than other IVC filters and that Bard failed to warn about the higher risks.