Beginning in 2005, inferior vena cava filters (IVC filters) have been used as protection for individuals at risk for pulmonary embolism. Since this time, the Food and Drug Administration (FDA) has received thousands of reports regarding adverse effects associated with these devices. Despite these reports and warnings from the FDA calling for their removal, doctors continue to place and keep the filters in patients, putting them in danger of serious harm. Albuquerque IVC filter lawyer Paul Dominguez can help patients pursue proper legal action against responsible parties. Our firm works hard to make sure that victims injured by a dangerous product can assert their right to the compensation that they deserve from manufacturers and others. If you have sustained an injury or lost a loved one due to an IVC filter, it is important to seek guidance from a product liability attorney.Litigation Surrounding IVC Filters
IVC filters are devices shaped like small cages that are inserted into the inferior vena cava in order to prevent blood clots from entering the lungs, which would result in pulmonary embolism. IVC filters are used when other options, such as blood thinner medications, are not appropriate, including for patients who have suffered a serious injury that requires surgery. Many IVC filters are placed in patients as a permanent fixture to prevent future pulmonary embolism.
Reports to the FDA have included issues regarding these filters migrating, as well as fracturing and immobilizing. These issues have caused patients to suffer symptoms ranging from severe pain, hemorrhages, and perforated organs to fatalities. Based on these adverse effects, in 2010, the FDA recommended that IVC filters only be used as short-term devices, advising that retrievable IVC filters be removed unless there is an extenuating reason to keep them in place. Regardless of this advice, IVC filters continue to be marketed and inserted into patients, increasing their risk of complications.
Medical device manufacturers are responsible for making sure that the products that they put on the market are safe for the use intended. A design defect is present when a product’s design is inherently flawed, making it unsafe to consumers. Manufacturers may be held strictly liable for design defects when the risks of use outweigh the benefits associated with a given product, and there are sufficient alternatives to make the product safer. Manufacturers also have a duty to warn consumers about known dangers associated with their products. Although IVC filters have helped many patients, the manufacturers of these devices may have known or may have been reasonably expected to know about the risks associated with their placement in patients, especially given the FDA’s reports as well as other evidence. IVC filter attorney Paul Dominguez can help Albuquerque residents and others determine whether they may have a basis to bring a legal claim.
Patients who have suffered serious injuries due to their use of these filters may pursue legal action for the damages that they have sustained, such as medical costs, loss of earning or income capacity, and pain and suffering. In New Mexico, product liability lawsuits must be filed within three years from the date of the injuries. Family members seeking to pursue a wrongful death action on behalf of a deceased relative must follow the same time constraints. Consulting an experienced attorney who can help you navigate the legal system in these complicated claims is vital to ensure that proper action is taken.Contact an IVC Filter Lawyer in the Albuquerque Area
If you or a loved one has suffered an organ perforation, bleeding, pulmonary embolism, or any other injury due to an IVC filter placement, Albuquerque IVC filter attorney Paul Dominguez and the Dominguez Law Firm can assist you in evaluating and taking your next steps. He represents people who need an injury attorney in many areas of New Mexico. Call us today at (505) 850-5854 or contact us online to set up a free initial consultation.