Judge pares claims in Bard IVC bellwether

A federal judge in Arizona yesterday pared some claims in the third bellwether case involving inferior vena cava filters made by Becton Dickinson (NYSE:BDX) subsidiary C.R. Bard, as the trial entered its 11th day. It’s the fourth bellwether in the multi-district litigation over the IVC devices, which are designed to prevent blood clots from passing through the body’s largest vein into the heart and lungs. In the first case to go to trial, a federal jury in Phoenix found for plaintiff Sherr-Una Booker, awarding $3.6 million in damages. Bard prevailed in the second bellwether trial, with the jury finding that the company properly warned of the potential complications and risks associated with the IVC filters. The third case was dismissed after the statute of limitations expired on the claims. The fourth case, Hyde v. Bard, went to trial last month. Yesterday, Judge David Campbell of the U.S. District Court for Arizona ruled on a Sept. 28 motion for judgment as a matter of law entered by Bard after plaintiff Lisa Hyde rested her case. The company had challenged loss-of-consortium claims by Mark Hyde, the plaintiff’s husband, plus claims for damages for future injuries and costs from Lisa Hyde’s cardiac arrhythmia, strict liability design defect and punitive damages. Although he allowed three of the claims to stand (loss of consortium, design defect and punitive damages), Campbell tossed the claim for the arrhythmia damages, according to court documents...
Source: Mass Device - Category: Medical Devices Authors: Tags: Featured Legal News Product Liability Vascular bectondickinson crbard Source Type: news