Bard Awarded Summary Judgment on Failure-to-Warn, Fraud Claims in Bellwether IVC Filter Case

PHOENIX — An Arizona federal judge has awarded C.R. Bard Inc. summary judgment on failure-to-warn and fraud claims in a bellwether IVC filter case, ruling in part that plaintiffs failed to present evidence that an inadequate warning caused the claimed injuries.

In the July 26 order, Judge David Campbell of the U.S. District Court for the District of Arizona noted that the claims for strict liability design defect, negligent design, negligence per se, loss of consortium, and punitive damages will proceed to trial.

Lisa Hyde has a history of deep vein thrombosis and pulmonary emboli. On Feb. 25, 2011, while …