Warning, Design Defect Claims Sent to Jury in Bard IVC Filter Case

SEATTLE — A Washington federal judge has denied C.R. Bard summary judgment on failure-to-warn and design defect claims in an IVC filter action, finding there is a question of fact as to whether the implanting surgeon was adequately warned of the device’s risks.

In a Nov. 15 order, Judge Ricardo S. Martinez of the U.S. District Court for the Western District of Washington noted the surgeon testified that he may have read some version of the device’s Instructions for Use before the implanting surgery.

David Wayne Thomas II visited an urgent care clinic on April 19, 2014, with abdominal pain. …