Bard Moves for New Trial in Wake of $3.6 Million IVC Filter Verdict

PHOENIX – C.R. Bard Inc. has moved for a new trial in the first IVC filter bellwether lawsuit, arguing that the $3.6 million plaintiff’s verdict was inconsistent because the jury found Bard adequately warned of the device’s risks, yet was negligent in failing to warn of the risks.

In an April 23 motion filed before Judge David G. Campbell of the U.S. District Court for the District of Arizona, Bard maintains that if its warning was adequate, then it could not have been negligent, especially in Georgia where the elements of negligent and strict liability failure to warn are identical. …