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Date: 07-23-2021
Case Style:
Case Number: 3:19-cv-02176-S
Judge: Karen Gren Scholer
Court: United States District Court for the Norhern District of Texas (Dallas County)
Plaintiff's Attorney:
Defendant's Attorney: Melissa Dorman Matthews, Brandee J Kowalzyk, Dennis A Hom, Elizabeth C Helm, James F Rogers, Matthew E Brown, Matthew B Lerner, Richard B North, Jr., Steven Harris Campbell, Taylor Tapley Daly
Description: Dallas, Texas personal injury lawyer represented Plaintiff, who sued Defendant on a product liability claiming to have suffered more than $75,000 in injuries and/or damages as a direct result of a defective and unreasonably dangerous product manufactured and placed in the stream of commerce by Defendant.
Plaintiff used Defendant's blood clot filter and suffered injuries and complications as a direct result. Defendant Recovery, G2, G2X, Eclipse, Meridian and Denali. The filters are inserted into a major vein, the inferior vena cava (IVC), to prevent blood clots from moving to the heart and lungs.
The spider-shaped devices are known to tilt, perforate vein walls, and fracture, causing metal pieces to dislodge and migrate into internal organs and other structures in the body. In addition, there is no evidence that they are effective at preventing pulmonary emboli. Although the filters are marketed as being removable, testimony in trial underscored that removal is difficult or impossible, especially after breakage.
Bard, a subsidiary of Becton, Dickinson and Company has been the subject of thousands of claims.
Outcome: FINAL JUDGMENT: IT IS ORDERED that Plaintiff Schaneiqua Marie Wright shall have judgment against C.R. Bard, Inc. and Bard Peripheral Vascular, Inc. in the sum of Two Million, Five Hundred Forty-Nine Thousand, One Hundred Sixty Dollars and Thirty Cents ($2,549,160.30) for her actual damages. It is further ORDERED that Plaintiff shall have and recover $37,715.74 in pre-judgment interest from the Defendants C.R. Bard, Inc. and Bard Peripheral Vascular, Inc., which has been calculated at an annual rate of 5% since 3/7/2019 and arises only from those damages sustained by Plaintiff in the past. This Judgment fully disposes of all parties and all claims and is appealable. Pursuant to LR 79.2 and LCrR 55.2, exhibits may be claimed during the 60-day period following final disposition (to do so, follow the procedures found at Exhibit Guide). The clerk will discard exhibits that remain unclaimed after the 60-day period without additional notice. (Clerk to notice any party not electronically noticed.) (Ordered by Judge Karen Gren Scholer on 7/16/2021) (jmg) (Entered: 07/16/2021)
Plaintiff's Experts:
Defendant's Experts:
Comments: