Failure-To-Warn, Punitive Damages Claims to Proceed in Bellwether Bard IVC Filter Case

PHOENIX — An Arizona federal judge has denied C.R. Bard’s motion for summary judgment in an IVC filter bellwether case, finding the plaintiffs have adequately alleged the company failed to adequately warn of the risks of device fractures.

In a March 12 order, Judge David G. Campbell of the U.S. District Court for the District of Arizona also allowed the plaintiffs’ punitive damages claim to proceed on their allegations that Bard’s actions show a conscious indifference to the dangerous consequences posed by the Eclipse IVC filter and its predecessor filters.

The case is set for trial in May 2018.

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