5th Cir. Upholds Summary Judgment Award to C.R. Bard in IVC Filter Action

NEW ORLEANS — A 5th Circuit U.S. Court of Appeals panel has upheld an award of summary judgment to C.R. Bard Inc. in an IVC filter action, affirming that the device’s Instructions for Use expressly warned of the complications that the plaintiff suffered.

In an Aug. 10 opinion, the appellate panel further found the plaintiffs failed to present sufficient evidence linking the specific design defect identified by their expert to their alleged damages.

Dennis Nelson was implanted with Bard’s Recovery IVC filter in May 2005, which was intended to prevent blood clots from reaching his critical organs during an upcoming …