Compensation for IVC Filter Injuries
By Sandra Dalton, Staff Writer
If you have been injured by a defective inferior vena cava (IVC) filter, you may be able to recover substantial compensation for your current and future injuries and expenses, including very personal losses, such as loss of enjoyment of life, that do not have a specific dollar value but are often far more important to victims than their actual financial losses. Each case is unique, and there are many factors that go into determining how much compensation you can receive. An experienced and highly skilled defective medical device attorney can help you recover maximum compensation for your IVC filter injuries.
Potential Damages in a Defective IVC Filter Claim
You may be able to recover both economic and noneconomic damages for your IVC filter injuries. Examples of the types of damages you may win include:
- Medical expenses and future medical expenses related to your IVC filter injuries
- Home health care
- Custodial care
- Physical rehabilitation and therapy
- Ongoing expenses for medical supplies
- Special equipment and home modifications to accommodate disability
- Lost income and future lost income
- Lost earning capacity
- Physical pain and suffering
- Mental pain and suffering
- Loss of enjoyment of life
- Diminished quality of life
- Loss of consortium
- Punitive damages in particularly egregious cases
Considerations in Determining the Amount of Damages in IVC Filter Injury Lawsuits
Determining the amount of your existing economic damages, including your medical bills and lost income, is the simplest part of calculating damages. Your attorney will work with medical experts and other experts to calculate the economic damages including the expected future damages. Questions that your attorney will consider when calculating total damages to demand and that the jury will consider in determining how much to award include:
- What is the extent of your IVC filter injury?
- What is expected duration of your injury – are you expected to make a physical recovery?
- Is there any physical or mental impairment caused by the defective IVC filter?
- Will you be able to return to work?
- If you can return to work, will you be able to earn as much as you did before your IVC filter injuries?
- Have your injuries rendered you unable to care for yourself/live independently?
- Are you or will you be able to return to your normal life activities?
- Do your IVC filter injuries prevent you from interacting with your family as you used to?
- How much physical and mental pain and suffering have you endured?
- How much more pain and suffering are you expected to endure in the future?
- Are you at risk for future injury or sudden death because your IVC filter could not be removed?
If you were injured by an IVC filter or if you have lost someone as a result of IVC filter complications, you can learn more about your rights and how you can recover damages for your losses by searching our directory to find a lawyer near you.