PHILADELPHIA – Three plaintiffs from Pennsylvania and Tennessee are claiming a pair of medical device companies manufactured a defective model of vena cava filter, a device used to prevent pulmonary embolism (a blood clot in the lungs).
Geraldine Johnson (personal representative of the Estate of Robert Johnson) of Philadelphia, Charles R. Moses of Niota, Tenn. and Martha Smith of Memphis, Tenn. all filed suit on Jan. 31 in the Philadelphia County Court of Common Pleas, against Rex Medical L.P. of Conshohocken and Argon Medical Devices, Inc. of Dallas, Texas.
“An IVC filter is a device that is designed to filter or “catch” blood clots (called thrombi) that travel from the lower portions of the body to the heart and lungs. IVC filters may be designed to be implanted, either permanently or temporarily, in the human body, more specifically, within the inferior vena cava,” the allegations state.
Rex’s Option Vena Cava filter entered the market in June 2009, after receiving clearance from the Food & Drug Administration (FDA).
“Plaintiff [Robert] Johnson (deceased), was implanted with an Option Retrievable Inferior Vena Cava Filter manufactured by Rex Medical and marketed and distributed by Argon on or about Jan. 22, 2013. As a result of the malfunction on or about Feb. 2, 2015, Johnson suffered from a pulmonary emboli while the IVC filter was still place. Johnson died on Feb. 2, 2015,” Johnson’s lawsuit reads.
“Plaintiff, Charles Moses, was implanted with an Option Retrievable Inferior Vena Cava Filter manufactured by Rex Medical and marketed and distributed by Argon on or about April 17, 2014. As a result of the malfunction, plaintiff has or may suffer life-threatening injuries and damages and require extensive medical care and treatment. Plaintiff has or may suffer and will continue to suffer significant medical expenses, extreme pain and suffering, loss of enjoyment of life, disability, and other losses. Plaintiff will require continuing monitoring of the filter to eliminate the risk of creating new clots. Plaintiff will also require anticoagulation medications. Plaintiff had an Argon filter placed to reduce the risk of deep vein thrombosis or pulmonary embolism,” says the Moses suit.
“Plaintiff, Martha Smith, was implanted with an Option Retrievable Inferior Vena Cava Filter manufactured by Rex Medical and marketed and distributed by Argon on or about Dec. 19, 2014. The extent of the device failure has not been fully documented by plaintiff’s treating medical provider(s). As a result of the malfunction, plaintiff has or may suffer life-threatening injuries and damages and require extensive medical care and treatment. Plaintiff has or may suffer and will continue to suffer significant medical expenses, extreme pain and suffering, loss of enjoyment of life, disability, and other losses. Plaintiff will require continuing monitoring of the filter to eliminate the risk of creating new clots. Plaintiff will also require anticoagulation medications. Plaintiff had an Argon filter placed to reduce the risk of deep vein thrombosis or pulmonary embolism,” Smith’s complaint similarly details.
All three complaints say the defendants negligently manufactured a defective and unsafe product, did not warn customers of its flaws, and put out a product for sale which may lead a patient to suffer “severe health side effects, including, but not limited to: hemorrhage; cardiac/pericardial tamponade; cardiac arrhythmia and other symptoms similar to myocardial infarction; perforations of tissue, vessels and organs; and other severe personal injuries and diseases.”
For counts of negligence, strict product liability with failure to warn, strict product liability with design defect, strict product liability with manufacturing defect, fraudulent concealment, corporate/vicarious liability, loss of earning capacity and wages in the past and future plus punitive damages, the plaintiffs are each seeking full, fair, and complete recovery for all claims and causes of action relevant to this action, all appropriate costs, fees, expenses, and pre-judgment and post-judgment interest, punitive and exemplary damages, plus other relief the court deems just and proper, in addition to a trial by jury.
The plaintiffs are represented by Stewart J. Eisenberg of Eisenberg Rothweiler Winkler Eisenberg & Jeck in Philadelphia, and William B. Curtis of Curtis Law Group, in Dallas.
Philadelphia County Court of Common Pleas cases 170104248, 170104277 & 170104244
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com