04:12 PM Abstract No. 61 Medical malpractice related to inferior vena cava filter placement: how commonly are interventional radiologists named in cases?

Abstract

Inferior Vena Cava (IVC) filters are commonly placed in patients who are unable to be anticoagulated. Though relatively safe, such procedures are not without risks. Complications may occur and patients may seek legal redress. There remains only a paucity of data understanding IVC filter litigation. The aim of this study was to analyze malpractice trends regarding IVC filter placement across the USA. Westlaw Next, an online legal research dataset with publicly available records throughout the USA was queried. Using the terms medical malpractice and IVC filter complications, we searched all jury verdicts and settlements focusing on IVC filter complications including: filter migration, filter fracture, embedded filter hook, and filter malposition. Social security disability claims and hospital employment contract disputes were excluded from the analysis. Factorial data collection included: patient demographics, physician specialty, alleged reason for the malpractice claim, outcome(s) of trial and awarded payment, procedural characteristics, indication for placement of IVC filter, state demographics and type of IVC filter placed. The search criteria yielded 36 case briefs for initial review; 14 cases were included after application of exclusion criteria. The most common alleged reason for malpractice litigation was damage to surrounding structures (62%). Overall 86% of cases were decided in favor of the defendant. Plain jury verdict and settlement sum was reported for one case, as a plaintiff victory of $3.64 million. Interventional radiologists were involved in only 17% cases, with both cases decided in favor of the defendant. Surgery as a combined group were involved in 50% of cases. The filter manufacturer was sued in 21% of cases, with physicians sued in 36% of cases. IVC filter medical malpractice litigations require a more in-depth analysis in light of recent media attention. Public awareness of complications related to IVC filter placement has increased secondary to recent advertising and marketing by plaintiff attorneys. Most cases were decided in favor of the defendant, with interventional radiologists playing a minor role in lawsuits.Tabled 1SpecialityNumber of LitigationsInterventional radiology2Bariatric surgeon1Cardiovascular surgeon1 (plaintiff awarded)General surgeon1Trauma surgeon1Diagnostic radiology2Internal medicine2Thoracic surgery1Vascular surgery1 Open table in a new tab