STORY FROM: Drugs & Medical Devices
Class Certification Denied in C.R. Bard IVC Filter Medical Monitoring Action
September 13, 2017
PHOENIX — An Arizona federal judge has refused to grant class certification to plaintiffs who received C.R. Bard inferior vena cava filters and are seeking medical monitoring, finding the claims fail to satisfy Rule 23(b) requirements because the relief sought is monetary, not injunctive.
In a Sept. 11 order, Judge David G. Campbell of the U.S. District Court for the District of Arizona further found the claims lack cohesiveness because most of the class members have different filters, implanted at different times, with different warnings by defendants, and are subject to different affirmative defenses.
However, the judge granted plaintiffs leave ...