Many people hope to reduce their risk of a pulmonary embolism with Inferior Vena Cava (IVC) filter placement. Some patients, however, have suffered serious complications arising out of implanted IVC filters, or in the removal of IVC filters. In situations in which the manufacturer’s negligence may have caused your harm, the North Carolina and South Carolina IVC filter lawyers at Grimes Teich Anderson LLP can help you evaluate your legal options. Our product liability attorneys are experienced litigators who can provide knowledgeable and comprehensive advice to victims of faulty IVC filters and their family members.Current Facts About IVC Filters and Related Complications
An IVC filter is placed within the inferior vena cava, a large vein in the abdomen that returns de-oxygenated blood from the lower body to the heart and lungs. An IVC filter is designed to prevent large blood clots originating in the legs or pelvis from reaching the lungs, where they could cause a pulmonary embolism. Typically, IVC filters are used in cases in which a patient is at risk for a pulmonary embolism, and anticoagulant medications have been unsuccessful, or the patient is unable to tolerate anticoagulation therapy. IVC filters are manufactured by several companies and are available as permanently implanted devices or optionally retrievable filters. Retrievable IVC filters, although designed to be removable, may be challenging to retrieve, especially if they are left implanted for a long time. Complications may also arise if the IVC filter punctures, penetrates through, or becomes embedded in the vein, if fragments break off the IVC filter and travel to the heart, lungs, and other parts of the body, or if the entire filter migrates to other parts of the body.Legal Recourse For Injuries Caused by Faulty IVC Filters
Litigation associated with IVC filters has involved claims of negligence, design defects, manufacturing defects, failures to warn, breaches of implied warranty, negligent misrepresentations, and other causes of action against manufacturers of IVC filters and their subsidiaries. An IVC filter attorney at our North Carolina and South Carolina firm can help you determine whether some of these claims may apply to your situation.
In North Carolina, a plaintiff may prevail against a product manufacturer on a claim based on inadequate design if the plaintiff proves that the manufacturer acted unreasonably in designing the product and that this conduct caused harm to the plaintiff. In addition, the plaintiff must prove that either:
- The manufacturer failed to adopt a safer, feasible, and reasonable alternative design that would have prevented or substantially reduced the risk of harm without substantially impairing the practicality or desirability of the product; or
- The design of the product was so unreasonable that a person who was aware of the relevant facts would not use it.
Some of the statutory factors considered when determining whether the manufacturer was unreasonable in designing its product include the nature and severity of the risks in light of the foreseeable uses of the product, the user’s likely awareness of those risks, whether the product conformed to applicable government standards, and the technical and practical feasibility of using an alternative design.
North Carolina law may also allow plaintiffs to recover damages on a claim based on inadequate warnings or instructions. To succeed, the plaintiff must establish that a manufacturer or seller unreasonably failed to provide an adequate warning, and this failure caused the plaintiff’s injury. The plaintiff must also prove that either the product created an unreasonably dangerous condition that the defendant knew or should have known would pose a substantial risk of harm, or after the product left the defendant’s control, it became aware or should have known that the product posed a substantial risk of harm, but it failed to give warnings or take any other reasonable actions. An experienced product liability attorney can provide more information regarding these claims and others that may apply in your situation.Receive Guidance from an Experienced IVC Filter Lawyer in North Carolina or South Carolina
If you believe that a defective medical device caused your injury or the death of a loved one, you can explore potential legal action with the assistance of an attorney. At Grimes Teich Anderson LLP, our North Carolina and South Carolina IVC filter attorneys can represent plaintiffs in claims against negligent manufacturers and other entities. We have offices in Asheville, Franklin, Rutherfordton, Spruce Pine, and Waynesville, North Carolina and in Greenville, Spartanburg and Gaffney, South Carolina. Contact Grimes Teich Anderson LLP by phone at (800) 533-6845 or complete our online form for a free appointment with a personal injury lawyer or a wrongful death attorney.