Becton Dickinson & Co.’s (NYSE:BDX) C.R. Bard (NYSE:BCR) is on the hook for $3.6 million in damages after a federal jury in Phoenix found Bard liable for damages caused by inferior vena cava filtering devices.
The case is the first bellwether trial out of more than 3,000 suits which have been filed against Bard related to IVC filters.
In the case, plaintiff Sherr-Una Booker claimed that the device, intended to prevent pulmonary emboli, broke apart during use, leaving pieces lodged in her cardiovascular system causing serious damage.
Awarded damages include $2 million in compensatory damages and nearly $2 million in punitive damages, according to court documents.
Bard was given 80% responsibility in the case, while the operating doctor was found 20% responsible, according to court documents.
Last month, the New Jersey Superior Court’s Appellate Division tossed a win to Bard, refusing to reinstate a hernia mesh product liability suit on grounds that expert witnesses couldn’t prove the design of the product was defective or that significant negligence occurred.