Jury deliberations have begun in the first bellwether trial in a multidistrict litigation (MDL) against C.R. Bard over claims that its blood clot-catching device fractured and migrated inside a patient’s body causing serious and life threatening injuries.
Plaintiff Sherr-Una Booker was 37 when she was implanted with Bard’s G2 IVC filter to protect her from pulmonary embolism, or blood clots in the lungs. The G2 is a small cage-like device that is implanted into the inferior vena cava, a large vein that carries deoxygenated blood from the lower extremities. It is designed to capture blood clots before they reach the heart and lungs.
But in Booker’s case, the treatment was worse than the cure. Her device fractured sending bits of metal into her spine and heart, resulting in open-heart surgery to remove the wayward legs. Not all of the shards of metal could be removed and Booker faces ongoing risks. She sued Bard claiming the company knew that the device was prone to fracturing and migrating, and perforating tissue and organs leading to more serious health problems.
“They involved my client – and I’m just going to say it like it is, because these are the facts – in a large-scale experiment without her consent … They didn’t even have the decency to tell her doctors to pay close attention to this device,” her attorney told the jury. “That they would not be able to get it out, that it would break, that it would shatter.”
Booker’s medical bills totaled about $267,000 and her projected future medical bills come to about $242,000. Her attorney told the jury that Booker should also be compensated for her constant worrying, which he estimates would add up to more than $8 million.
About 3,600 cases are pending in the multidistrict litigation against Bard. The next scheduled bellwether focuses on Bard’s fourth-generation filter, the Eclipse.