Georgia Injury Attorneys File Complaint against C.R. Bard, Inc., Bard Peripheral Vascular, Inc.

ATLANTA - Sept. 4, 2013 - PRLog -- The Georgia defective product lawyers at The Law Offices of Wayne Grant, P.C. are seeking several damages on behalf of their client and the client’s family. According to the law firm, in addition to other claims of negligence, as the result of failing to electro-polish the filter during the manufacturing process, the plaintiff’s Bard RECOVERY® Filter System fractured and caused the plaintiff to suffer serious and permanent injuries.

Damages Being Sought

The damages included in the complaint include past, present, and future medical expenses; lost wages; past, present, and future pain and suffering; loss of enjoyment of life; and loss of consortium. The complaint also sets forth reasons for seeking punitive or exemplary damages as well, claiming that the defendants displayed willful misconduct, malice, and fraud.

The plaintiff represented by the law firm received a Bard RECOVERY® Filter System implant in 2004. The complaint states that the plaintiff was taken to the emergency room in 2006 for chest pain, shortness of breath, and right shoulder pain. Later that same year, the plaintiff took a leave of absence from work due to the continuation of the same symptoms. The plaintiff was then admitted to the emergency room on three separate accounts and went into a coma. The plaintiff regained consciousness and was released from the hospital in 2006 but received care as an outpatient.

It wasn't until 2012 that the filter fracture was discovered and connected with causing the plaintiff's severe health problems. The fractured filter had migrated from the plaintiff’s inferior vena cava in the heart to the plaintiff's left ventricle in the heart as well as the calf muscle, ovarian vein, and other areas of the body. The Bard Recovery filter is still inside of the plaintiff and may result in additional fracture and migration.

Allegations of Harm

The complaint alleges that the defendants knew about the flaw in the Bard RECOVERY® Filter System in 2003. The law firm also claims that the product manufacturers knew that the filter was causing injury and death to patients. In spite of this information, the law firm asserts that the defendants failed to recall the filter, remove it from the market, or inform the medical community or the public about the potential dangers. The Bard RECOVERY® Filter System was taken off the market in 2005.

Based on the complaint filed against Bard, the law firm is seeking compensation on behalf of the plaintiff on eight counts. These include strict liability for defective design; strict liability for a manufacturing defect; strict liability for the failure to warn; strict liability for fraudulent concealment; breach of express warranty; breach of implied warranty; negligent design and manufacture; and negligent failure to warn.

The law firm states that Bard consciously disregarded consumer safety by failing to reveal known risks to the public. Instead, the company continued to actively market and offer the Bard RECOVERY® filter for sale. The law firm also alleges in the complaint that the filter contained defects, presenting an unreasonable danger in providing a recipient with inadequate strength or structural reliability to endure the expected use of normal placement in the body. As such, the complaint states that the defendants were responsible for reasonably predicting injuries caused by the flaw and warning the public of such dangers.

Protecting the Rights of Consumers

The Atlanta personal injury attorneys at The Law Offices of Wayne Grant, P.C. have dedicated many years to advocating for and protecting the rights of consumers who have suffered injury due to defective products. The law firm has handled a wide range of product liability cases, acquiring the experience and resources to successfully handle cases relating to medical devices, pharmaceuticals, auto parts, and more.