Faulty Medical Devices: IVC Filter & Hip Review

2018 was a year marked by significant faulty device litigation for both IVC filters and hip replacements, with numerous bellwethers held for each device. According to our internal intake reports, both IVC filters and hip replacements have been performing better than average in conversions, with both devices at 69% of calls converting to qualified leads.

Here’s a look back at Faulty Medical Device news in 2018.

Here’s a look back at Faulty Medical Device news in 2018.

IVC Bellwethers

2018 was a year of bellwethers for IVC filters – and there are currently over 9K cases pending against C.R. Bard and Cook Medical, as well as other manufacturers, most of which are centralized in MDLs.

2018 IVC Bellwethers Timeline


A Phoenix jury awarded Sherr-Una Booker $3.6M in damages, including $2M in punitive damages for failure to warn about the device. Bard is appealing the decision to the Ninth Circuit.


Second scheduled Cook MDL trial was dismissed, with judge stating plaintiff’s suit was not filed within time frame allotted by statute.


A Texas jury awarded a Houston-area firefighter $1.2M for injuries endured following Celect filter implantation. Cook vowed to appeal.


Bard won a third bellwether after the statute of limitations had expired on claims.


ANY judge favored C.R. Bard in a summary judgement. The case was dismissed because the plaintiff had failed to present an alternative design or that failure-to-warn claims were insufficient.


An Arizona jury dismissed the claims of plaintiff in fourth Bard bellwether on “possible” arrhythmia claim. Fifth and sixth Bard bellwethers slated to begin in February and May of this year.


A lawsuit has been filed by 27 plaintiffs against Cordis Corp., J&J, and Confluent Medical Technologies for injuries from defective TrapEase or OptEase vena cava filters.


A summary judgment was granted to Cook Medical on most counts in a third IVC bellwether.

If you are planning an IVC filter campaign or currently running one, consider Consumer Attorney Marketing Group as a partner. CAMG has close to a decade of success in response-driven marketing and offers a full suite of marketing services.

Hip Implant Litigation

DePuy (Johnson & Johnson subsidiary), Stryker, Smith & Nephew, and Zimmer Biomet have faced tens of thousands of lawsuits for defective hip replacement and hip resurfacing products. Both Stryker and Johnson & Johnson announced settlements in the last quarter. Here are the highlights from 2018.

2018 Hip Implant Timeline


Fifth Circuit overturned $502M verdict in second bellwether against J&J, remanding case back to Texas Northern District Court for new trial.


Smith & Nephew filed a motion in Maryland court to dismiss 55 of 200 suits in MDL due to time lapsed.


J & J/DePuy urged Texas federal judge to issue judgment on $246.9M Pinnacle Hip verdict.


Stryker announced confidential private settlement for MDLs filed in Massachusetts and NJ, as well as other pending cases associated with recalled and unrecalled LFIT Cobalt Chromium V40 Femoral Heads. Discovery process now on hold until Summer 2019.


MD federal judge trimmed over a dozen suits from Smith & Nephew MDL due to late filings.


J & J began settling consumer claims that it sold DePuy artificial hips knowing they were defective. Judge overseeing case says about 3,300 of 10K cases “have settled or are in the process of settling.” J&J is set to face Jan trial in Dallas.

CAMG delivers full-spectrum, response-driven media – and our six service divisions allow you to vertically integrate all your marketing needs. If your firm is planning a 2019 campaign for metal on metal hip replacements or any other mass tort cases, or you’d like improved results in an existing campaigns, contact CAMG at 1 (800) 200-CAMG.

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