Bard Can't Get New Trial After $3.6M Vein Filter Verdict

Law360 (June 20, 2018, 7:03 PM EDT) -- Medical device maker C.R. Bard is stuck with a $3.6 million jury verdict awarded in a multidistrict litigation test trial over the safety of its clot-stopping vein filters, after an Arizona federal court denied Bard’s requests for a new trial or judgment as a matter of law.

Bard argued in April that the evidence underpinning the award was lacking and called the verdict “irreconcilably inconsistent,” since the jury sided with plaintiff Sherri Booker on a negligent failure to warn claim but not on a nearly identical strict liability failure to warn claim.

In an order entered Tuesday, U.S. District Judge David...

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