East Texas woman claims medical device to prevent blood clots migrated to her heart

By Michelle Keahey, East Texas Bureau | Oct 28, 2013

An East Texas woman has filed a lawsuit claiming that a medical device used to prevent blood clots failed and migrated to her heart.

Erin Smith filed suit against C.R. Bard Inc. and Bard Peripheral Vascular Inc. and Does 1-100 on Oct. 24 in the Eastern District of Texas, Beaumont Division.

Smith underwent placement of a G2 Filter in June 2009. The G2 Filter is a medical device that is implanted into the inferior vena cava to prevent pulmonary emboli in patients with contraindications to anticoagulants.

According to the lawsuit, it failed in multiple locations and migrated to Smith’s heart causing injury and damage. Smith claims that the device was simply not strong enough to withstand normal placement within the human body.

The failures associated with the device include death, hemorrhage, cardiac/pericardial tamponade, cardiac arrhythmia, pain and perforations of tissue, according to the suit.

The defendants are accused of negligence, strict products liability for failure to warn, design defects and manufacturing defect.

The plaintiff is seeking an award of damages for medical expenses, pain and suffering, mental anguish, physical impairment, disfigurement, economic losses, court costs, and interest.

Smith is represented by Christopher T. Kirchmer of Provost Umphrey Law Firm LLP in Beaumont. A jury trial is requested.

U.S. District Judge Thad Heartfield is assigned to the case.

Case No. 1:13-cv-00633

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