Factors To Be Considered In IVC Filter Settlement Negotiations

The Inferior vena cava filter or IVC filters is a small medical device that is often placed just below the kidneys to capture and stops an embolism, a blood clot from travelling to the lungs. Some of the IVC filter cases which are being studied for people who have experienced severe and potentially life threatening complications are as follows:

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  • Wrongful Death
  • Difficulty in removing the IVC filter
  • Injury to heart, lungs and other organs
  • Punctures of internal organs, veins or arteries
  • Migration of filter
  • Broken or fractured filter components

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Negotiations to settle an IVC filter lawsuit depends on what a jury is likely to award each individual petitioner if the case went to trial.

In deciding the amount of any injuries a petitioner may be allowed to receive for settling their blood clot filter case, following are some of the common factors that a court may consider, and which will be considered during transactions:

  1. The extent and length of the injury from IVC filters;
  2. The effect of an IVC filter injury on the overall physical and mental health or well-being of the person;
  3. The pain and mental torture suffered in the past and which will likely be suffered later on;
  4. The amount of any past use or future medical expenses caused due to IVC filter injuries;
  5. Any lost wages or loss of earning capacity;
  6. In case of an IVC filter wrongful death lawsuit, the losses suffered by the surviving family members will be considered, including the loss of love, affection and companionship.

With the establishment of coordinated pre-trial proceedings for all types of IV filters lawsuits, it is likely that a small number of law suits will also be prepared for trials to help gauge how courts or juries may react to certain evidence and testimony that is likely to be repeated through the litigation.

At trial, court will take into account the severity of the damage and the economic impact of the injury on the individual petitioner. Some lawyers for IVC filter may provide free consultations and case evaluations that would help individuals to determine whether they are eligible for the compensation or settlement caused by these IVC filters.