Two class action lawsuits have been filed against C.R. Bard Inc., alleging the company attempted to hide that the Recovery Filter System, the G2 Filter, and the G2 Express filter systems tend to fracture and break inside the body.
One class action lawsuit was filed in California Superior Court in Los Angeles County, and the other in Philadelphia Court of Common Pleas, by plaintiffs who have not been harmed by the devices, but who require extensive monitoring to prevent future injury. The lawsuits say, “As long as the device remains within the body of the patient, the likely potential for future device failure exists. Consequently, these people require regular and frequent medical monitoring for the duration of time the device remains within their bodies…Each of them is at a significant and likely risk of device failure in the future and this is a risk which they would not be exposed but for the conduct of the defendants as alleged in this complaint and the implant of the device within their bodies,” Law 360 reports.
The complaints allege that Bard knew that the devices, which are used to filter blood clots in blood vessels, are prone to break and cause damage to organs and tissue. The plaintiffs also allege that Bard pulled the Recovery from the market, while “cannibalizing” the market with the introduction of the Eclipse device to replace the G2 and G2 Express. Further, the suits say, “At no time did the defendants advise the medical community or the public that the reason they were phasing out the G2 and G2 Express because of filter failure due to lack of electro-polishing of the devices. Rather, the defendants deceptively told customers that the new device was because of continued product improvements.”
According to the plaintiffs, the Recovery, “breaks apart” and its “struts have been observed to perforate the walls of the vena cava…The seriousness of the complications that can result from device failure encompasses a spectrum of conditions, up to and including sudden death from hemorrhage.”
The lawsuits demand that Bard pay for medical monitoring and any other damages caused by the faulty devices, and seek to represent any patients who received the G2, G2 Express or Recovery devices.