The doctor recommended that you get an IVC filter. After listening to the doctor’s recommendations, you agreed to have the procedure and to have an IVC filter inserted. Now, you are living with consequences of that decision that neither you nor your doctor could have anticipated, and you are left with many questions.
You Deserve Answers to Your IVC Filter Injury Questions
As you navigate your legal options after an unexpected IVC filter injury, you may have some questions such as:
Has the FDA Issued Any Warnings About IVC Filters?
Yes, the Food and Drug Administration (FDA) issued its first warning in 2010 and has updated its communication since then to include new research. Since 2010, the FDA has reminded doctors that temporary IVC filters should be removed as promptly as possible. Other countries including Canada and Australia have stricter warnings and guidelines in place to prevent harm to people with IVC filters.
Did the Pharmaceutical Company Know That the IVC Filters Could Be Dangerous Before I Was Hurt?
The answer to this question is critical to your legal claim. IVC filters, like other medical devices, have side effects. You may have a claim against a pharmaceutical company if the company knew about, or should have known about, the side effect and did not adequately warn you or your doctor about the risk.
It will likely take some investigation to determine what people at the pharmaceutical company knew about the IVC filter dangers and when they knew about it. When the pharmaceutical company knew or should have known about the risk will be important to your potential recovery.
What Should I Do If I’m Hurt by an IVC Filter?
You should talk to your doctor and an IVC filter injury lawyer as soon as possible. Your doctor can find out exactly what happened to you, develop a treatment plan, and determine if a defective IVC filter caused your injury.
If an IVC filter was to blame for your injury, then it is time to talk to a medical device injury lawyer. It is very difficult to bring a successful claim against a pharmaceutical company without the help of an experienced lawyer. To make a recovery, you will need to prove that the pharmaceutical company knew or should have known about a design defect or a manufacturing defect and should have disclosed those risks to you in a reasonable way. This will require information from the pharmaceutical company. The pharmaceutical company is likely to fight your claim and resist providing you with the information you need. However, your lawyer can request the information in a legally compelling way.
What Can I Recover in an IVC Filter Lawsuit?
The amount that you can recover will depend on your specific injuries. Generally, you should be able to recover damages for all of your past, current, and future losses and expenses related to your injury. This includes, but is not limited to medical costs, lost income, out-of-pocket costs, physical pain, and emotional suffering. An attorney can help you put a dollar value on these damages for you and fight for every dollar that you deserve.
Do I Need to Take Action Now or Can I Wait?
You need to take action now by contacting an attorney. Your time to file an IVC filter injury case is limited by state statutes of limitations. If you fail to file your case before the statute of limitations expires, then you will not be able to recover any financial compensation for your injuries.
How Can I Be Sure That I Will Be Treated Fairly If I Pursue a Case?
You can hire an attorney to represent you. It is your lawyer’s job to make sure that all of your legal rights are protected.
Get Answer to Your IVC Filter Questions
Your IVC filter injury is unique. You need answers to all of the questions that you have, and our lawyers are ready to provide them to you. Please start a live chat with us or call us at any time to start getting the answers that you need about your own IVC filer injury and potential recovery.
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If you have been injured by a defective medical device you need to speak with an experienced mass torts lawyer as soon as possible. Please contact us online or call our Natick Office directly at 888.904.6847 to schedule your free consultation.