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The health risks posed by inferior vena cava (IVC) filters are well-documented, well-known, and, in some cases, well-litigated. The filters, designed to prevent a blood clot from blocking blood flow to your lungs can save your life, but if left in too long, they can perforate the vein or detach from the vein and migrate elsewhere, causing unintended blockages or serious damage.
IVC filter patients have already filed nearly 1,000 lawsuits regarding filter-related injuries, some of which have been consolidated into class action cases. Can you join an IVC filter class action lawsuit? And if so, when is it too late to join?
SOL Because of the SOL
Every legal action is restricted by statutes of limitation. These laws provide time limits within which parties must file a claim, and prohibit claims once the time has expired. This is especially true for personal injury and product liability cases like IVC lawsuits.
Each state may have different time limits for filing product liability cases. These generally range from two to four years, and the clock normally starts ticking from the date the injury occurs. Some states also impose time limits based on the date the product is sold, and others have exceptions for begin the clock when the injuries is (or should've been) discovered. And again, once the time limit has expired, so too has your chance to file a lawsuit.
IVC Class in Session
Bard Medical is one of the leading manufacturers of IVC filters, and there have been three class action lawsuits filed against Bard thus far, one each in California, Florida, and Pennsylvania. These lawsuits include hundreds of individual plaintiffs who sue as a group over the same or similar injuries.
People injured by IVC filters can sue on their own, but there can be benefits to joining an existing class action. Either way, it will involve contacting an experienced personal injury attorney. Generally, class action lawsuits are litigated by a single firm. And only an attorney familiar with personal injury and class action litigation can tell which route is best for you.
If you've suffered an IVC filter injury, you can contact an experienced injury lawyer today -- most are happy to consult with you for free.