Lake Erie College of Osteopathic Medicine-Bradenton, Bradenton, FL.
Division of Interventional Radiology, Department of Radiology, New York Presbyterian/Weill Cornell Medical Center, New York, NY.
J Vasc Surg Venous Lymphat Disord. 2022 Nov;10(6):1378-1384. doi: 10.1016/j.jvsv.2022.05.005. Epub 2022 Jul 8.
In the present study, we identified and reviewed the outcomes of bellwether cases related to inferior vena cava (IVC) filter multidistrict litigations (MDLs).
The legal research database, LexisNexis (New York, NY), was used to identify all cases related to IVC filters. Cases unrelated to the MDLs were excluded. Court documents recording the proceedings for bellwether cases sent to jury trials were retrieved from the LexisNexis subsidiary, Law360. Data on plaintiffs, filter models, reported complications, filed claims, decision-making body, verdicts, and rewards were reviewed.
A total of 678 cases pertaining to IVC filters were found in the database, of which 12 were identified as bellwether cases for MDL. Of the 12, 2 (16.7%) were initially ruled in favor of the plaintiffs in jury trials, although the judgment for 1 of these was later vacated by a judge. The remaining 10 (83.3%) had been decided in favor of the manufacturers by judges and juries.
Verdicts in all bench trials were in favor of manufacturers, suggesting that judges perceived the presented complications by patients to be within the normal realm of the expected risk of IVC filter use. The findings from the present study have emphasized the treating physicians' legal responsibility to adequately warn patients of all the associated risks with IVC filters. The findings have also indicated that physicians can still be found liable in product liability cases directed at manufacturers. Physicians should continue to actively monitor patients to optimize the IVC retrieval windows.
在本研究中,我们鉴定并回顾了与下腔静脉(IVC)滤器多地区诉讼(MDL)相关的领头羊案例的结果。
使用法律研究数据库 LexisNexis(纽约州纽约市)来鉴定与 IVC 滤器相关的所有案例。排除与 MDL 无关的案例。从 LexisNexis 的子公司 Law360 检索记录送往陪审团审判的领头羊案例诉讼程序的法庭文件。审查了有关原告、滤器模型、报告的并发症、提出的索赔、决策机构、判决和奖励的数据。
在数据库中总共找到了 678 例与 IVC 滤器相关的案例,其中 12 例被鉴定为 MDL 的领头羊案例。在这 12 例中,有 2 例(16.7%)在陪审团审判中最初被判有利于原告,尽管其中 1 例的判决后来被法官撤销。其余 10 例(83.3%)由法官和陪审团判定有利于制造商。
所有法官审判的判决都有利于制造商,这表明法官认为患者出现的并发症在 IVC 滤器使用的预期风险的正常范围内。本研究的结果强调了主治医生有法律责任充分告知患者所有与 IVC 滤器相关的风险。研究结果还表明,在针对制造商的产品责任案件中,医生仍然可能被判承担责任。医生应继续积极监测患者,以优化 IVC 取回窗口。