New York Man Files Medical Malpractice Suit for IVC Filter Blood Clots
Written by AskTheLawyers.com™ on behalf of Ruth E. Bernstein with Ruth Bernstein Law.
Written by AskTheLawyers.com™ on behalf of Ruth E. Bernstein, a Personal Injury attorney based in New York.
Medical malpractice law is a subset of personal injury law: someone wrongfully injured you, it just happens to involve a doctor’s office, hospital, or pharmacist. Legally that medical establishment may be liable for damages, whatever they may be. This is the case for one New York resident by the name of Ivan C. (claimant) who received an implant known as the IVC Filter into his heart, a device designed to catch blood clots and prevent pulmonary embolisms.
The Procedure Did Not Go As Planned
After complications, the claimant agreed to two surgeries for the purpose of removing the IVC filter. The device was successfully removed, but resulting issues came about, such as filter thrombosis (blood clots) post-implant. It occurred during retrieval of the implant as it embedded itself into his vein, tilting and resulting in blood clots. The lawsuit isn’t attacking the hospital or even the surgeon responsible—but the manufacturers of the product, which in this case were Rex Medical and Argon Medical Devices. Accused of negligence for selling defective medical devices with no warning of risks, the lawsuit was actually filed back in 2018 in Pennsylvania along with more than 8,000 other similar lawsuits across the country. Needless to say, there’s certain protocol that should’ve been put in place before even allowing the device to be implemented in hospitals all over the nation. This poses the question: was the patient informed of those risks? Were they clearly stated? Did the surgeon responsible for the procedure clearly state the risks? If not, then who is really at fault? The surgeon, or the manufacturer, or both? Those are tough questions. Deliberation is important to determine where the fault lies, but more importantly, if it’s not clear at all what the warnings are for utilization of devices, implants and other apparatus in the medical field, doctors should use extra caution to avoid any potential for serious injury, disfigurement, and death.
Are You Suffering Side Effects from IVC Filters?
Keep in mind the staggering number of cases so far regarding the IVC filter. If you do have some sort of heart condition, and you’re in line for a certain type of surgery, you might want to inquire about filters or other devices being used that could potentially harm you or jeopardize you in some way. Perhaps you’ve already went through surgery, and you might be experiencing some of those clot issues. If that’s the case, and you weren’t even aware of any of the devices, procedures, warnings or issues that might present itself, it’s in your best interest to not only ask, but consult a medical malpractice attorney or personal injury lawyer and see what your options are. A lawsuit can help compensate you for your medical costs, damages, and any future medical expenses. Written on behalf of Ruth Bernstein by AskTheLawyers.com