Once you've decided to file a lawsuit over health problems linked to a faulty "inferior vena cava" (IVC) filter, one of your biggest questions likely has to do with the value of your case. How do you put a dollar figure on complications stemming from a defective, surgically-implanted medical device? What kinds of losses will be covered in a settlement or court award over a faulty IVC filter?
As with any injury-related case, figuring out the value of an IVC filter injury claim starts with an understanding of the nature and extent of the injured person's "damages," which is a legal term that refers to compensation for losses suffered by that person (the plaintiff). Damages are paid by the defendant in the lawsuit. (n IVC filter cases, the defendants are usually manufacturers like Cook Medical Inc. and C.R. Bard Inc., but can include surgeons and other health care providers involved in the implant procedure). Whether your IVC filter case settles out of court or you receive a judgment in your favor after a trial, the money you receive is considered damages. (Learn more about the basics of damages and compensation in a personal injury case.)
Let's look at some common categories of damages, and how each might affect the value of your IVC filter lawsuit.
As a plaintiff, if you win or settle your case, your damages include compensation for:
(On a related note, if the full extent and impact of your medical complications isn't clear, it's probably not in your best interest to accept an injury settlement offer. Your attorney will almost certainly want to wait until both of you have a clear picture of this component of your damages, because once you accept an injury settlement, you can't go back and reopen your claim, even if you learn that health problems caused by the defective IVC filter implant are worse than you first thought.)
If health complications resulting from a failing IVC filter have forced you to take time off from your job, or have otherwise affected your ability to earn a living, that kind of economic harm will also factor into your damages. Specifically, you are entitled to compensation for any income you've already lost because of your health problems, and for income you would have earned in the future, were it not for your health issues. In "legalese," an award based on future income is characterized as compensation for the injured person's "loss of earning capacity" or "diminished earning capacity."
While economic losses like medical bills and lost income are fairly easy to calculate, "pain and suffering" isn't so easy to quantify. But this category of damages plays a big part in determining how much you can expect to receive in an injury case, and can be a crucial component of an IVC filter lawsuit in particular. Pain and suffering is often broken down into two types:
(Learn more about pain and suffering in a personal injury case.)
When you file an IVC filter lawsuit, you're asking the product's manufacturer or another defendant to compensate you for your damages. But you're also taking on the legal obligation to keep those damages to a reasonable minimum. The law in most states expects injury claimants to minimize or "mitigate" the financial impact of the harm caused by the defendant's alleged wrongdoing. For example, if the device manufacturer you're suing can successfully argue that you failed to get necessary medical treatment when you knew (or should have known) you were experiencing health problems related to your implanted IVC filter, your damages award might be significantly reduced. This is one of many reasons why it's important to have an experienced lawyer on your side.