Product Liability

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7^th Circuit Court of Appeals

Case Name: Natalie Johnson v. C. R. Bard, Inc.

Case No.: 22-2610

Officials: Easterbrook, Wood, and Pryor, Circuit Judges.

Focus: Product Liability

In an effort to mitigate the potential dangers stemming from future blood clots, Johnson elected to undergo a surgical procedure for the insertion of a retrievable intravascular filter. This medical apparatus is positioned within the inferior vena cava to forestall the passage of blood clots originating in the lower body from infiltrating the heart and lungs. The Meridian filter was the choice of Johnson’s physician, intended to serve as a temporary measure that could be readily extracted. Unfortunately, complications arose as the Meridian filter migrated and fractured, resulting in fragments becoming lodged in her heart’s lining and other areas. Regrettably, her surgeon was unable to entirely and safely remove the device. Consequently, Johnson remains exposed to an ongoing risk of infection, persistent discomfort, and various other potential complications.

In response to these developments, Johnson sued the manufacturers of the Meridian filter (Bard), asserting claims of defective design and the failure to adequately alert medical professionals to the device’s associated hazards, thereby violating Wisconsin law. Following a trial, a jury dismissed most of Johnson’s assertions but rendered a verdict in her favor for $3.3 million, pertaining specifically to the strict liability claim concerning failure to provide adequate warnings. The Seventh Circuit affirmed but clarified that its affirmation should not be misconstrued as an endorsement of certain strategies employed by Johnson’s legal counsel during the trial. The court found no reversible errors in the instructions given to the jury or in allowing particular testimony, even when alleged violations of the requirements for disclosing expert witnesses were brought into question.

Affirmed.

Decided 08/11/23

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