7th Cir. Refuses to Disturb $3.3 Million Verdict in Bard IVC Filter Action

CHICAGO – A 7th Circuit U.S. Court of Appeals panel has refused to disturb a $3.3 million verdict in a C.R. Bard IVC filter action, rejecting the company’s arguments that it is entitled to a new trial.

In an Aug. 11 opinion, the appellate panel rejected Bard’s various arguments regarding the trial court’s admission of certain expert opinions, and its refusal to instruct the jury regarding rebuttable presumption.

In 2013, plaintiff Natalie Johnson was implanted with a Bard Meridian IVC Filter to prevent pulmonary embolisms. The device eventually tilted, migrated, and fractured. Despite doctors’ attempts to remove the filter, broken …