It’s a case that pre- and post-dates the IVC Filters MDL– Ocasio v. C.R. Bard, Inc., 2020 WL 3288026 (M.D. Fla. Jun. 18, 2020). In fact, this case got through summary judgment and Daubert rulings in Florida before being transferred to the MDL in Arizona in 2015. Upon its return to Florida, only two
IVC Filter
NDNY Dismisses IVC Failure to Warn and Fraud Claims
New Jersey Product Liability Act Knocks out Design Defect, Manufacturing, Warning, Warranty, and Fraud Claims Against IVC Filter

A couple of weeks ago we compared New Jersey litigation with New Jersey food and decided we liked the food better. No aspersions were intended. After all, we grew up in New Jersey and still worship at the altars of Seton Hall Prep, Bruce Springsteen, and the New York football Giants. Anyway, we might need…
No Warnings Causation Equals Summary Judgment In Cook IVC Filter MDL

It took us more than a week, but we finally put away the last serving pieces from last week’s family Hanukkah celebration. We love Hanukkah, a festive holiday that celebrates victory over a tyrant king, a reclaimed temple, and a small quantity of oil that should have lasted only one night but that miraculously burned…
N.D. Cal. Dismisses IVC Filter Claims

Contrary to rumor, we are not on the verge of changing our name to the Filter Device Litigation blog. True, we are now on a several consecutive weeks run of sharing very good IVC opinions. In fact, we will likely have two this week. The recent outbreak of good sense largely emanates from Indiana, but…
Buckman Preemption Fatal to Claim for Violation of the FDCA in IVC Filter Case

Next week, under pressure from the Drug and Device Law Lifelong Best Friend, we are participating in a “murder mystery dinner theatre” in the “conservatory” of a local cemetery. (We didn’t know cemeteries had “conservatories.”) It is a Halloween-themed event, with costumes encouraged, and we may or may not wear our eerily-lifelike Standard Poodle mask/hood.…
IVC Filters MDL Court Permits Defendants to Use IFU and Medical Guidelines Against Design Defect Claims

This isn’t the first time we’ve written about the Hyde case in the Bard IVC Filters MDL. Back in July we reported on some pretrial rulings in that bellwether case. Get ready for more. The decision on tap for today, Hyde v. C.R. Bard, Inc., 2018 WL 4215028 (D. Arizona Sept. 4, 2018), is…
Partial Summary Judgment Granted in Bard IVC MDL Bellwether

Today’s case has a little bit of everything – choice of law, statutory compliance, alternative design, warnings causation. So, the decision is a bit of “grab bag” in addition to being a “mixed bag.”
The case is Hyde v. C.R. Bard, Inc., 2018 WL 3586404 (D. Ariz. Jul. 26, 2018). To begin with, plaintiff…
SDNY Holds that Fear of Injury from IVC Filter is Not Actionable

Is fear of injury the same thing as injury? The question answers itself. At least it should. They are not the same, and there are strong jurisprudential reasons for courts to throw out cases alleging mere fear of injury. We have a No Injury scorecard documenting a pretty clear court consensus that fear of injury
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IVC − Inconsistent Verdict Created

We don’t normally comment on verdicts, whether they favor our side or the plaintiffs, because the bare fact of a verdict doesn’t give us much to analyze, and analysis is what this blog is about. But we make an exception for the bizarre verdict handed down last week in the first bellwether trial in the…