It is impossible to know exactly how much you might get in a Toledo IVC filter settlement, but if you suffered adverse effects from one of these implantable metal filters, it is certainly worth pursuing compensation for your pain and suffering and other losses.
At Gallon, Takacs, Boissoneault & Schaffer Co., L.P.A., our Toledo IVC filter lawyers can evaluate your claim and represent you through the legal process. If you suffered complications due to a fractured IVC device or any other adverse effects after filter implantation, we can help you determine your legal options. Many people are eligible to join ongoing mass actions against filter manufacturers. Call us today at 419-843-6663 to learn more.
What do we know about the value of other IVC filter cases?
Unfortunately, because no cases have settled or seen their day in court, we do not yet know much about the range of awards or settlements that may occur in IVC filter cases. Almost all IVC filter cases are currently tied up in multidistrict litigation (MDL), a type of mass civil action that allows the claimants to combine their resources for pretrial proceedings and the discovery process. These MDLs are preparing for the first bellwether trials against IVC manufacturers. Only once federal courts in Arizona and Indiana hear these bellwether cases can we begin to guess at a range for these settlements. The first trials are on the calendar for October 2017.
What factors play into how much compensation I may receive?
Even once we know a general range for some of these payouts, it tells us very little about your specific situation. Instead, we need to collect all the evidence specific to your case, calculate your economic and noneconomic losses, and determine a range for what we believe is a fair settlement. The factors we will look into to estimate your damages include:
Your Economic Losses
Your economic losses stemming from your injuries, complications, or adverse effects from an IVC filter issue depend heavily on the severity of your injury and the medical treatment necessary. For example, if the filter punctured a vein in your leg and caused localized bruising, your settlement might be much less than if the fractured filter migrated to your heart requiring open heart surgery. In addition to the treatment costs, other economic losses may include:
- Rehabilitation costs
- Wage loss
- Ongoing care costs
- Funeral expenses, if the victim passed away from his/her injuries
Your Noneconomic Losses
Noneconomic losses are more difficult to calculate than economic losses, but often account for a larger percentage of your total settlement. The severity of your injury also plays a major role in this type of loss. A severe injury or one that requires invasive treatment naturally causes more pain and suffering than a minor complication. We can also help you determine other types of noneconomic damages that apply to your situation.
The Case for Punitive Damages
It is not yet clear if the courts will award punitive damages in IVC filter cases. These damages serve as a way to punish the manufacturer of a defective device, in an attempt to limit similar actions in the future. There is some evidence the manufacturers were aware of issues with the filters, but failed to notify doctors or patients about the risk. This is the type of situation when courts may consider punitive damages.
How can I take action?
The lawyers at Gallon, Takacs, Boissoneault & Schaffer Co., L.P.A. are ready to analyze your medical records and evaluate your case to determine if you qualify to pursue legal action against an IVC filter manufacturer. We have the resources and skills to protect your legal right to compensation, and secure the settlement you deserve.
Call our Toledo office at 419-843-6663 to make a free appointment with one of our IVC filter lawsuit attorneys.