On the last day of the regular legislative session this year, both the New York State Assembly and Senate passed a bill that would help victims of cancer misdiagnoses hold negligent doctors and hospitals accountable. The legislation is a version of what has been called "Lavern's Law", after Lavern Wilkinson.
Blood clots which develop inside the pelvis and legs are referred to as deep vein thrombosis ("DVT"). DVTs, while usually not life threatening, have the potential to travel to the lungs and cause death as a result of cutting off blood flow to the lungs. Inferior Vena Cava ("IVC") filters are designed to "catch" blood clots before they reach the lungs, resulting in a pulmonary embolism. The IVC is implanted into a patient's inferior cava vein through a catheter inserted in the patient's neck or groin. The small metal device is designed to catch and trap blood clots with its metal wires. The most common complications associated with IVCs include punctured organs and blood vessels and migration of the filter to different parts of the body.
Despite strong support from the New York Assembly, State Senate, and Gov. Andrew Cuomo, this past summer Senate majority leader John. J. Flanagan rejected a bill, Lavern's Law, that would have afforded many medical malpractice victims their opportunity to bring a cause of action.