Negotiations to settle IVC filter cases will be based on what a jury is likely to award each individual plaintiff if the case went to trial. In determining the amount of any damages a plaintiff may be entitled to receive for settling their blood clot filter case, the following are some of the common factors that a jury may consider, and which will be taken into consideration during negotiations:

• The extent and duration of the injury from IVC filters;
• The effect that the IVC filter injury had on the overall physical and mental health or well-being of the patient;
• The pain and mental anguish suffered in the past and which will likely be suffered in the future;
• The amount of any past use or future medical expenses caused by IVC filter complications;
• Any lost wages or loss of earning capacity;
• In an IVC filter wrongful death lawsuit, the losses suffered by the surviving family members will be considered, including the loss of love, affection, and companionship.

Now that coordinated pretrial proceedings are established for Bard IVC filter lawsuits and Cook IVC filter lawsuits, it is likely that a small group of lawsuits will be prepared for “bellwether” trials to help gauge how juries may respond to certain evidence and testimony that is likely to be repeated throughout the litigation.

At trial, jurors will take into account the nature of IVC filter injury, the severity of the damage and the economic impact of the injury on the individual plaintiff.

While the outcomes of any bellwether trials will not be binding on other cases, they will likely influence any large-scale settlements for IVC filter claims that may be reached by the manufacturers to avoid hundreds of individual jury trials throughout the U.S.