IVC (inferior vena cava) filters are medical implants that doctors use while operating patients. These IVC filters should prevent deadly blood clumps and embolisms during the operation. If you have decided to file an IVC filter lawsuit, perhaps you are wondering, how much do IVC cases cost to file?
Understanding the IVC filter injury claim will start with learning the nature of your damages. This means that you and your IVC filter injury attorney should learn how large of a compensation claim you can get for your damages.
The United States Food & Drug Administration has published safety communications when it comes to using IVC filters. The communication issued that complications can range from device migration, device fracture to perforation of the inferior vena cava vein. The communication warned that doctors must remove the device fast in order to avoid pulmonary embolism risk.
If your IVC filter case settles out of court or you get a decision in your favor once the trial is over, the money you will collect will cover your medical expenses, as well your lost wages.
Here are some of the most common categories of IVC filter damages. Let’s see how they can affect the value of IVC cases.
Past and Future Medical Treatments in IVC Cases
You can win or settle your case, and your damages can include compensation for any medical treatment you got as a result of health issues related to the failure of IVC filter (replacing, removing the faulty device, or additional surgical attempts to repair the faulty device). Your compensation will cover any future care you might need in your life.
Your lawyer will want to wait if the final medical compensation is not clear. They will advise you to remain patient and not accept the first offer. If you do accept an injury settlement, that would be final, and there will not be any reopening of your claim.
Lost Wages and Diminished Earning Capacity
If health complications occur because of a failing IVC filter, you were probably forced to stay at home until you recover. This means you are not attending work, and therefore, you are losing your wages. If this health issue affects your ability to earn a living, that kind of economic harm can affect your damages. You can get compensation for any income you have lost so far because of your health problems. Also, you are entitled to compensation for the income you would have earned in the future if your health was not damaged.
Pain and Suffering
Economic and medical losses are easy for calculation; pain and suffering are a little bit more challenging. This category plays a significant role in the determination of how much you can get in an IVC filter case. It can be perhaps the crucial point in your IVC filter lawsuit. It can be categorized into two groups:
- Physical pain and suffering– it comes from your actual physical injuries (pain from your health complications and care that was needed for your treatment, including additional surgeries).
- Mental pain and suffering– it is the psychological impact that resulted from your physical pain and suffering. Feelings such as emotional distress, loss of enjoyment of life, anger, anxiety, insomnia, shock, and other negative emotions and effects can occur.
Your Legal Obligation to Mitigate in IVC Cases
When you file an IVC filter lawsuit, you ask the product’s manufacturer or another party to pay for your damages. You also have a legal obligation not to seek extremely high damages. In most states, the law expects injury applicants to minimize or “mitigate” the financial impact of the harm.
If the device manufacturer you are filing the claim against, can successfully prove that you did not get the needed medical treatment when you knew or should have known you were having health issues related to your implanted IVC filter, you can get quite reduced damages.
If you or a loved one were injured by an IVC Filter, get an attorney who has worked on such cases. ou have actually to suffer damages to file a lawsuit.
Your lawyer will take your case and tell you what you can expect when filing your lawsuit.
Call today and schedule your first consultation completely free of charge. Our team of attorneys at Dalimonte Rueb Stoller has worked on IVC filter cases and knows how stressful such cases can be for clients that are still recovering. We do not charge you anything until you settle your case.