When you’re experiencing health problems possibly linked to a surgically implanted inferior vena cava (IVC) filter, your health is understandably your main concern. But you might also have legal questions: Who is responsible for the IVC filter complications? What kind of compensation might an IVC filter settlement bring?
As with any personal injury case, the answers depend on the specifics of your situation. But one thing is certain: IVC filter cases are complicated, and there are a number of reasons why your best first step is to discuss your circumstances with an experienced lawyer.
The value of an IVC filter case, like any other type of personal injury case, is determined mostly by the seriousness of the claimant's injuries and other losses ("damages"). Health problems caused by a failed IVC filter can be significant, and that means:
All of these factors can add to your damages and increase the value of your IVC filter case, which means that it’s important to make sure that your case is in the right hands.
Your damages are tied not only to the compensation you’ll receive but also your lawyer’s fee. Your attorney will almost certainly be paid under a contingency fee agreement, where the lawyer will get an agreed-upon percentage of any settlement or court award you receive. (That means if you don’t get paid, neither does your lawyer.)
With some types of injuries, it might not be a bad idea to handle the claim on your own. For instance, if you’ve been in a minor car accident, the other driver was clearly at fault, and your injuries weren’t significant, hiring a lawyer might not make much of a difference, as long as you’re willing to dive into the claim process on your own. But IVC filter cases are different.
First of all, as noted above, the stakes are higher in IVC filter cases than in many other types of injury cases. When it comes time to negotiate with a large medical device manufacturer—such as C.R. Bard Inc. or Cook Medical Inc.—and its team of attorneys, a good lawyer will have the skill, experience, and resolve to stand up and fight for your case.
Second, when you hire a lawyer who has experience handling IVC filter cases or similar lawsuits, you’re putting your case in the hands of someone who has been here before—that means they know the best evidence to put forward, the right legal arguments to make, and how to avoid the types of pitfalls that could derail your case. Maybe they’ve even successfully handled cases that are identical to yours in terms of:
When you hire an attorney with experience in dealing with IVC filter cases, you’re also getting the support of that lawyer’s network of medical experts, investigators, litigation consultants, and other professionals—people who should be equipped to help build a strong case. You can bet that the manufacturer of the IVC filter will have its own set of experts and consultants, so it's crucial to have the best possible team on your side.
When you’re experiencing a medical problem resulting from a faulty IVC filter, your health is your priority. Putting the legal side of things in capable hands means that you can focus on getting well, while your attorney focuses on building your best case.
For more information, read about finding and working with the right lawyer for your IVC filter case.