IVC Filter Lawsuits: Federal Judge Asked To Resolve Selection Of IVC Cases For Trial

IVC Filter Lawsuits Against Cook Medical That Allege Its IVC Filters Break, Tilt, And Migrate, Which Causes Serious Injuries.

After failing to reach an agreement over how best to select potential IVC filter lawsuits for trials, lead attorneys in the Cook Medical IVC filter injury lawsuits have asked the federal judge presiding over the litigation to hold a hearing to resolve the issue. Cook Medical is defending itself against inferior vena cava (IVC) lawsuits pending in the U.S. District Court, Southern District of Indiana, that purport the company failed to warn that its Celect and Günther Tulip IVC filters can migrate, fracture and puncture a patient’s heart or lungs and cause serious or fatal harm to implant patients.

U.S. District Judge Richard L. Young directed both sides to select two lawsuits each as potential cases for trial by mid-April and tell the court how they will handle the selection process. On March 4, the parties filed a joint motion asking the court to issue an order allowing them to submit separate proposals for selecting cases by March 17, and hold a hearing on March 22 following the conclusion of “Science Day” to discuss the matter. “Science Day” gives attorneys an opportunity to present scientific information to the court on IVC filters in a non-adversarial manner. The motion also asks Judge Young to make a decision on the case selection process following the hearing or as soon as possible so that the parties can keep the previously set deadlines. Jury trials are expected to begin after September 15 and continue to after February 2017. (In Re: Cook Medical, Inc., IVC Filters Marketing, Sales Practices And Product Liability Litigation – MDL No. 2570)

“These cases will serve as tests to help the parties and the court determine how a jury will respond to the arguments involved in the IVC lawsuits.” – Southern Med Law.

IVC filters are cone-shaped wire devices implanted into the inferior vena cava (the main vessel returning blood from the lower half of the body to the heart) to capture blood clots and prevent them from traveling to the lungs and causing a pulmonary embolism, which could be fatal. The filters are used by patients at risk of a pulmonary embolism and those who cannot take blood thinners.
[fda.gov/MedicalDevices/Safety/AlertsandNotices/ucm221676., FDA, August 9, 2010

The use of IVC filters has significantly increased over the past 30 years, according to the U.S. Food and Drug Administration (FDA). But with the increase are reports of serious and fatal injuries allegedly caused by the filters. Since 2005, the FDA said it has received 921 reports about the IVC filters migrating, fracturing, tilting, and components braking off from the device. The federal agency suggested the problems may be linked to the filter remaining in the body beyond the time when the risk of pulmonary embolism has passed.
[fda.gov/MedicalDevices/Safety/AlertsandNotices/ucm221676.htm, August 9, 2010]

The lawsuits filed against Cook Medical contend the company’s Celect and Günther Tulip IVC filters have the potential to fracture, tilt, migrate through the body, and puncture the wall of the inferior vena cava and other organs and tissues such as the aorta and duodenum. Similarly, another company, C.R. Bard, is facing lawsuits over its Recovery and G2 IVC filters. Plaintiffs allege that Bard’s IVC filters are not safe and fail to trap blood clots due to the devices migrating, breaking and tilting. (In Re: Bard IVC Filters Product Liability Litigation – MDL No. 2641)

About Southern Med Law and Filing an IVC Filter Lawsuit: Throughout his career, Dr. Blaudeau has worked hard to develop a strong reputation in healthcare litigation. His first-hand knowledge of medicine has made the Southern Med Law team an aggressive and effective advocate for those who were harmed due to negligent medical device manufacturers. If you or a loved one were injured by a retrievable IVC filter, please contact Southern Med Law today to learn more about your legal rights. Call today for a free, no obligation IVC filter lawsuit review by filling out our online form, or by calling the office directly at 205-547-5525.

Southern Med Law
François M. Blaudeau, MD JD FACHE FCLM Esquire
2224 1st Avenue North
Birmingham, Alabama 35203
Phone: 205-547-5525

Fax: 205-547-5526
francois@sml-legal.i-mlaw.com