$3.6 millionVerdict

First Bard IVC Filter Bellwether Trial Ends in $3.6 Million Verdict for Sherr-Una Booker

Verdict · U.S. District Court, District of Arizona (Phoenix) · 2018

Won by Gallagher & Kennedy Injury Lawyers.

Gallagher & Kennedy's Robert Boatman and Mark O'Connor served as lead plaintiffs' counsel in the Bard IVC filter MDL, and the first federal bellwether trial in Phoenix ended with a $3.6 million verdict, including $2 million in punitive damages, for Sherr-Una Booker.

What happened

In June 2007, Sherr-Una Booker received a Bard G2 inferior vena cava filter, a small metal device implanted to catch blood clots before they could reach her lungs. The filter did not hold up. It tilted inside the vein, perforated the wall of the vena cava, and fractured. One of the broken metal struts traveled to her heart.

Booker needed open-heart surgery to deal with the migrated fragment. Surgeons could not retrieve every piece, and part of the filter stayed lodged in the wall of her vena cava. Her case became the first to reach a jury out of thousands filed against the manufacturer.

Those lawsuits had been consolidated into a multidistrict litigation before Judge David G. Campbell in the U.S. District Court for the District of Arizona. Robert Boatman and Mark O'Connor of the Phoenix firm Gallagher & Kennedy served as lead counsel for the plaintiffs, assembling the proof that the G2 line fractured and migrated at high rates. By the time of trial the consolidated litigation had grown to several thousand cases. Booker's claim was selected as the first bellwether, a test trial meant to show how juries would weigh the evidence.

Over a trial that ran through March 2018, the plaintiffs' team argued that Bard had failed to warn doctors and patients about the device's failure rate even though the company's own records tracked fractures, migrations, and deaths tied to the G2. The filter had been sold between roughly 2002 and 2010 and marketed as a retrievable option. Jurors heard that at least a dozen deaths and hundreds of complications had been linked to the line.

On March 30, 2018, the jury found Bard liable for negligent failure to warn. It set Booker's compensatory damages at $2 million, then assigned 20 percent of the fault to her implanting physician, which cut Bard's share to $1.6 million. The jury added $2 million in punitive damages after concluding the company had acted with conscious disregard for patient safety. Bard prevailed on the competing design-defect claim. Together the awards reached $3.6 million.

Bard fought the result after trial and then took it to the U.S. Court of Appeals for the Ninth Circuit. In 2020, the appeals court affirmed the judgment, leaving the $1.6 million compensatory award and the $2 million punitive award in place.

Sources

This account is drawn from contemporaneous public reporting and the court record.

More proven verdicts from Gallagher & Kennedy Injury Lawyers

All Gallagher & Kennedy Injury Lawyers proven verdicts →
$85 millionSettlementClass ActionsAZ

Gallagher & Kennedy's Kevin Neal and Kenneth Ralston served as Arizona's outside counsel and secured an $85 million settlement from Google over the deceptive collection of smartphone users' location data.

2022 · Maricopa County Superior Court, Phoenix, AZRead the full story →
$50 million+SettlementClass ActionsCA

Robert Boatman and co-counsel recovered more than $50 million for Ventura County ranching and farming families whose herds, fencing, rangeland, and groves burned in the 2017 Thomas Fire.

2022 · Ventura/Los Angeles County Superior Court, CARead the full story →
$17 millionVerdictReversed on appealProduct LiabilityAZ

A Phoenix jury ordered General Motors to pay $17 million for the wrongful death of a Scottsdale woman crushed by her own pickup, a verdict the Arizona Court of Appeals later set aside over a flawed jury instruction.

1999 · Maricopa County Superior Court, Phoenix, AZ (rev'd & remanded, Ariz. Ct. App. 2003)Read the full story →
$5 millionVerdictWrongful DeathAZ

A Pima County jury awarded Jennifer Johe $5 million on May 23, 2019, in her wrongful death suit against the Sierra Tucson treatment center. Her son Steven, 20, had been admitted in April 2014 for substance addiction and obsessive-compulsive disorder and died of acute drug toxicity within days. Robert Boatman represented the family at trial.

2019 · Pima County Superior Court, Tucson, ArizonaRead the full story →

Related product liability verdicts

$25 billionSettlementGroup recoveryNY

Sullivan Papain was among the firms representing New York State against Philip Morris, R.J. Reynolds, Brown & Williamson, and Lorillard, securing a $25 billion recovery through the 1998 Master Settlement Agreement.

Sullivan Papain Block McManus Coffinas & Cannavo1998 · New York State (Master Settlement Agreement)Read the full story →
$11.3 billionSettlementGroup recoveryFL

C. Steven Yerrid, the youngest of Florida's 11-lawyer 'Dream Team,' added racketeering and conspiracy charges that tripled the damages ceiling, helping the state secure what was then the largest civil settlement in American history against the tobacco industry.

The Yerrid Law Firm, Terrell Hogan and The Maher Law Firm1997 · Florida (State v. American Tobacco Co.)Read the full story →
$10.9 billionSettlementGroup recoveryCA

As co-lead counsel in the federal Roundup multidistrict litigation and the first firm to sue Monsanto in 2015, Weitz and Luxenberg helped negotiate a $10.9 billion settlement resolving approximately 125,000 non-Hodgkin lymphoma claims against Bayer-owned Monsanto.

Weitz & Luxenberg2020 · U.S. District Court, Northern District of California (MDL No. 2741)Read the full story →
$5.5 billionSettlementGroup recoveryNJ

After fifteen years of litigation and three failed bankruptcy maneuvers by Johnson and Johnson subsidiaries, Ashcraft and Gerel attorneys R. Bryant McCulley and Michelle Parfitt helped negotiate a global, uncapped settlement of at least $5.5 billion covering approximately 76,000 ovarian-cancer claims.

Ashcraft & Gerel, LLP2026 · D.N.J. MDL No. 2738Read the full story →