Becton Dickinson & Co. (NYSE:BDX) subsidiary C.R. Bard this week won a third inferior vena cava filter bellwether case after the statute of limitations expired on the claims, according to court documents.
In the case, Bard faced allegations from plaintiff Carol Kruse claiming that it sold defective IVC blood filters intended to prevent pulmonary emboli.
US District Judge David Campbell granted a summary judgement in favor of Bard after reading “relevant deposition testimony, exhibits, and declaration, and considering the parties’ arguments,” and concluding that the claim was barred by the statute of limitations, according to court documents.
“The Court does not agree with Plaintiff’s suggestion that the statute of limitations defense should be disregarded because this is a bellwether case. The Court will issue an order granting summary judgment and setting forth its analysis in the next two or three weeks,” Judge Campbell wrote.
The trial was previously scheduled for September, and leaves Bard facing two remaining bellwether trails for the multi-district litigation related to its IVC filters.
Last week, Bard failed to win a new trial after a jury awarded nearly $4 million to the plaintiff in a bellwether product liability lawsuit brought over Bard’s inferior vena cava filter.
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