Qualification for an IVC Filter Lawsuit Settlement
The inferior vena cava makes up the largest vein in one’s body. Its primary function is to transport blood which is deoxygenated from the lower part of your body to the heart and later on your lungs where it is oxygenated. An IVC (inferior vena cava) filter is fixed by doctors in patients experiencing different blood complications to reduce the chances of blood going through the veins into your lungs.
Back in 2010, the Food and Drug Administration body gave out a warning about how some of the patients using these IVC removable filters were exposed to several dangers. There were hundreds of cases of how they were breaking and damaging different organs in one’s body. Many started filing lawsuits to sue the companies behind the IVC filters for compensation.
Boston Scientific Company is one which was hit with the Greenfield filter lawsuits. The company behind the production of the Greenfield Vena Cava Filters, which brought about complications to some of the users. There are several similar lawsuits filed against the same company up to date.
The side effects associated with the use of this device include pain in the lower part of your body, increased heart rate and shortness of breath. There are still several cases pending in court over this matter while others don’t even know if they qualify for a lawsuit settlement. Here are some of the qualification factors.
Type of Lawsuit
For one to qualify for compensation for injuries brought about by a damaged IVC filter, their kind of lawsuit must be considered. The two types of trials you can participate in include the independent lawsuit and class-action lawsuit. An independent lawsuit is filed against the IVC manufacturer, and the complainant foots all the costs while the class-action lawsuit involves different complainants who foot for all the costs involved. Those who meet the compensation criteria will be recompensed.
Evidence
One’s qualification for compensation may also depend on the evidence tabled before the court. There should be clear evidence of wrongdoing to have the judge rule in your favor. Physical evidence will guarantee you high chances of getting recompensed. Wrongdoing can also be in the form of the manufacturer failing to issue a disclaimer of using the IVC filter.
Submissions
Your submissions before the court will also determine whether you qualify for compensation or not. One is advised to go for a good attorney who will offer advice and help them present themselves in the right way before a court. Arguing out your cases in a convincing manner will see you get compensation.…