Bard IVC Filter Case Proceeds on Design Defect, Warning and Warranty Claims

BOSTON — A Massachusetts federal judge has denied Bard summary judgment in an IVC filter case, ruling there are questions of fact as to whether the plaintiff presented evidence of a safer alternative design and whether the warnings were adequate.

In a Sept. 20 order, Judge F. Dennis Saylor IV of the U.S. District Court for the District of Massachusetts further ruled there is a factual issue as to whether comment k applies to medical devices, and therefore denied Bard’s motion as to the breach of implied warranty claim.

Judith Knights was diagnosed with deep vein thrombosis and a bilateral …