Strict Liability, Negligence Claims to Proceed in Bard G2 IVC Filter Action

TYLER, Texas — A Texas federal judge has allowed claims for strict products liability and negligence to proceed against C.R. Bard Inc. in a lawsuit targeting its G2 IVC filter, ruling that the plaintiff adequately pled that the manufacturer failed to provide a Black Box Warning concerning the safety of the device in morbidly obese patients.

However, in the Aug. 20 order, Judge Marcia A. Crone of the U.S. District Court for the Eastern District of Texas dismissed the claims for negligent misrepresentation, negligence per se, fraudulent misrepresentation, fraudulent concealment and relief under the Texas Deceptive Trade Practices Act, ruling …