A federal jury in Arizona awarded $3.6 million in compensatory and punitive damages in the first bellwether trial over thousands of complaints concerning Bard IVC blood filters.

The jury awarded $2 million in compensatory damages to plaintiff Sherr-Una Booker, but 20 percent was apportioned to a nonparty doctor. The panel also awarded $2 million in punitive damages.

The 13-day trial was the first of four bellwether trials. More than 3,000 cases involving complaints about the devices have been consolidated in multidistrict litigation before Judge David Campbell in Arizona. The next trial is slated for May.

Atlanta solo Robin Lourie said she was particularly gratified that the jury awarded punitive damages in the first case. Lourie is among a plaintiffs trial team that includes Robert Roll of Atlanta's Watkins, Lourie, Roll & Chance, Mark O'Connor of Phoenix's Gallagher & Kennedy, Ramon Lopez of Newport Beach, California's Lopez McHugh and Julia Reed Zaic of Laguna Beach, California's Heaviside Reed Zaic.

“Arizona's a very conservative jurisdiction, so punitives are very rare out there,” Lourie said.

Booker's case involved a filter implanted in a large artery leading to the heart to prevent blood clots. That filter broke apart, sending a fragment into her heart and left another piece lodged in her vein.

Lourie said evidence showed the manufacturer, C.R. Bard Inc., knew the devices were defective but continued to market them.

“Our contention was that the doctors at the time didn't know these filters were having catastrophic failures, but Bard knew it,” Lourie said.

The defense trial team included Kate Helm and Richard North of Nelson Mullins Riley & Scarborough in Atlanta and James Condo of Phoenix's Snell & Wilmer.

In an emailed statement, North said the case is not representative of the bulk of the lawsuits still facing Bard and that the verdict will be fought.

“Bard is disappointed with the verdict and believes that the jury's findings are inconsistent,” North said.

“Specifically, the finding for the plaintiff on the single negligent failure to warn claim is inconsistent with the jury's conclusions that the filter was not defectively designed and that Bard is not liable on the strict liability failure to warn claim,” North said.

“Bard anticipates challenging the verdict based on that inconsistency. Bard continues to believe its filters are lifesaving devices and looks forward to the opportunity to present its case at additional bellwether trials.”

North added that Bard does not believe the first bellwether trial is indicative of the other three.

“Ms. Booker unfortunately had to undergo open heart surgery to treat the complication with the filter,” North said. “None of the other bellwether cases involve such a significant complication, and in fact less than 5 percent of the cases in the MDL as a whole involve patients who have had open procedures related to their filters.”