PITTSBURGH — A Pennsylvania resident is suing CR Bard Inc, Bard Peripheral Vascular Inc., Dr. Samuel Simone and the University of Pittsburgh Medical Center Mercy Hospital, citing alleged breach of implied warranty of merchantability, negligence, negligent misrepresentation and strict product liability.
Melvin Branch filed a complaint June 10 in the Allegheny County Court of Common Pleas, claiming that the defendants failed to provide services that met the professional standards of quality.
According to the complaint, Branch underwent several surgical procedures on March 4, 2014 because of the defendants' alleged negligence in designing, manufacturing, assembling and distributing an inferior vena cava filter system.
The plaintiff said the system broke into three parts while it was still implanted in his body and migrated to his vital organs, resulting in serious physical injuries, pain and suffering, mental anguish, medical expenses, loss of enjoyment of life and disability.
Branch alleges that the defendants failed to implement a follow up plan to monitor, assess or remove the filter if necessary and failed to tell him about the unreasonably dangerous nature of the product.
The plaintiff requests a trial by jury and seeks full recovery for all claims, punitive damages, costs, fees, expenses, interest and other relief the court deems just. He is represented by Ben Martin, Thomas Arbon, Timothy Bolton and Anthony Godfrey of the Law Offices of Ben C. Martin in Dallas.