2nd Cir. Reinstates Vena Cava Filter Case Against C.R. Bard; Says Plaintiff was Improperly Sanctioned

NEW YORK — A federal appeals court has reinstated a vena cava filter injury case against C.R. Bard Inc., ruling that a trial court’s dismissal of the action for plaintiff counsel’s failure to comply with a scheduling order was unwarranted.

On April 22, the 2nd Circuit U.S. Court of Appeals held that it would be more appropriate for the lower court to sanction the plaintiff’s attorney rather than bar the plaintiff from continuing with her case.

Glenny Pichardo sued C.R. Bard in the U.S. District Court for the Southern District of New York, alleging she was injured by a …