Bard Must Face Failure-To-Warn Claim in Texas Federal IVC Filter Case

HOUSTON — A Texas federal judge has refused to award C.R. Bard summary judgment on a strict liability failure-to-warn claim in a case targeting its G2 IVC filter, finding there are questions of fact as to the adequacy of the warnings provided to the plaintiff’s implanting surgeon.

However, in the Oct. 13 order, Judge Andrew S. Hanen of the U.S. District Court for the Southern District of Texas awarded Bard summary judgment on the strict liability design defect claim, ruling the plaintiff failed to point to a reasonably safer design that was available at the time of his surgery.

In …