C.R. Bard Awarded Summary Judgment in Wis. Federal IVC Filter Action

MADISON, Wis. — A Wisconsin federal judge has awarded C.R. Bard summary judgment in a lawsuit targeting its Eclipse IVC filter, finding the plaintiff failed to present adequate expert evidence supporting his design defect and failure-to-warn claims.

“Given that at least some of plaintiff’s errors could potentially have been corrected by employment of existing MDL expert reports (or offering other documentary evidence from Bard's own records) this result is admittedly unsatisfying,” Judge William Conley of the U.S. District Court for the Western District of Wisconsin remarked in the Sept. 15 order. “Given the long-past expert disclosure deadlines and impending trial …