While our lawyers believe that the manufacturers will ultimately be forced to pay substantial financial compensation to resolve these cases, there remains substantial work to do in the IVC filter litigation. Therefore, it will likely take some time before any global IVC filter settlements may be reached.
Factors Considered in IVC Filter Settlement Negotiations
Negotiations to settle IVC filter cases will be based on what a jury is likely to award each individual plaintiff if the case went to trial. In determining the amount of any damages a plaintiff may be entitled to receive for settling their blood clot filter case, the following are some of the common factors that a jury may consider, and which will be taken into consideration during negotiations:
- The extent and duration of the injury from IVC filters;
- The effect that the IVC filter injury had on the overall physical and mental health or well-being of the patient;
- The pain and mental anguish suffered in the past and which will likely be suffered in the future;
- The amount of any past use or future medical expenses caused by IVC filter complications;
- Any lost wages or loss of earning capacity;
- In an IVC filter wrongful death lawsuit, the losses suffered by the surviving family members will be considered, including the loss of love, affection, and companionship.
Now that coordinated pretrial proceedings are established for Bard IVC filter lawsuits and Cook IVC filter lawsuits, it is likely that a small group of lawsuits will be prepared for “bellwether” trials to help gauge how juries may respond to certain evidence and testimony that is likely to be repeated throughout the litigation.
At trial, jurors will take into account the nature of IVC filter injury, the severity of the damage and the economic impact of the injury on the individual plaintiff.
While the outcomes of any bellwether trials will not be binding on other cases, they will likely influence any large-scale settlements for IVC filter claims that may be reached by the manufacturers to avoid hundreds of individual jury trials throughout the U.S.
Find Out If You May Qualify for an IVC Filter Offer
The IVC filter lawyers at Alexander Shunnarah provide free consultations and case evaluations to help individuals determine whether they may be eligible for a settlement or compensation for an injury caused by these medical devices.
All lawsuits are handled by our attorneys under a contingency fee agreement, which means that there are never any fees or expenses paid unless we are successful obtaining an IVC filter settlement or other recovery in your case.
If you or someone you love has been involved in circumstances surrounding your potential IVC filter injury, call Alexander Shunnarah Personal Injury Attorneys today at 1-800-229-7989.
For more information visit ivcfilter-legalhelp.com