STORY FROM: Drugs & Medical Devices
3rd Bellwether Bard IVC Filter Case Dismissed on Timeliness Grounds
August 29, 2018
PHOENIX — An Arizona federal judge has awarded C.R Bard Inc. summary judgment in the third bellwether case on the Bard IVC filter multidistrict litigation docket, ruling that the plaintiff’s claims are barred by Nebraska’s statute of limitations.
In an order issued Aug. 17, Judge David G. Campbell of the U.S. District Court for the District of Arizona said the evidence shows that plaintiff Carol Kruse suspected her device was causing her abdominal pain long before it was removed on April 7, 2011, yet failed to file suit until April 2015.
As such, the claims are time-barred by the ...