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SOUTHERN CALIFORNIA RECORD

Thursday, September 19, 2024

Plaintiff Alleges Severe Injuries from Defective Vena Cava Filter

State Court
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A California resident has filed a lawsuit against two medical device companies, alleging severe injuries from a defective medical implant. Antonio Guerrero lodged the complaint in Ventura Superior Court on August 7, 2024, targeting Rex Medical, LP and Argon Medical Devices, Inc.

The case revolves around the Option Elite Vena Cava Filter, a device designed to prevent pulmonary embolism by filtering blood clots. Guerrero claims that he was implanted with this filter at St. John’s Regional Medical Center in Oxnard, California on May 14, 2016. According to the complaint, the filter fractured and could not be safely removed during a procedure on August 15, 2022. Guerrero alleges that this has left him with ongoing risks of severe complications such as hemorrhage, cardiac tamponade, and even death. The plaintiff argues that both Rex Medical and Argon Medical Devices were aware of these risks but failed to conduct adequate testing or provide sufficient warnings.

The lawsuit accuses Rex Medical and Argon Medical Devices of negligence, strict product liability for inadequate warning and manufacturing defects, breach of implied warranty of merchantability and fitness for a particular purpose, and negligent misrepresentation. "Defendants knew or should have known that the device was defective and unreasonably dangerous," states the complaint. It further claims that the companies did not recall the product despite knowing safer alternatives were available.

Guerrero is seeking compensatory damages for physical pain and suffering, mental anguish, medical expenses, loss of earning capacity and wages. Additionally, he is asking for punitive damages due to what he describes as "intentional, willful" actions by the defendants. The lawsuit demands a jury trial to resolve these issues.

Representing Guerrero is Troy A. Brenes from Brenes Law Group P.C., while details about the defense attorneys remain undisclosed at this time. The case is being overseen by Judge Brenda L. McCormick under Case ID: 2024CUPL028345.

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