Parties In Cook IVC Filter Lawsuits Choose 10 Potential Cases For Trial

Cook IVC Filter Lawsuits Contend Injuries From The Filters Fracturing, Tilting And Perforating Their Lungs, Heart And Inferior Vena Cava, Southern Med Law Reports.

Ten Cook IVC filter lawsuits have been selected as possible cases for bellwether trials scheduled to begin late in 2016. The IVC filter lawsuits allege Cook Medical failed to warn doctors and patients that its Celect IVC filters and Günther Tulip IVC filters can fracture, tilt, migrate out of their original position and puncture the heart, lungs, and inferior vena cava (IVC).

The IVC filter complaints are consolidated in a multidistrict litigation (MDL) in the U.S. District Court, District of Southern Indiana. U.S. District Judge Richard L. Young, who is managing the MDL, issued a Case Management Order (CMO) in July that directed plaintiffs to select five lawsuits and defendants to select five lawsuits that would undergo case-specific discovery. After selecting the 10 IVC lawsuit claims, the plaintiffs were to make a settlement demand in all 10 cases to Cook Medical by November 2. Cook Medical will have 60 days to respond. If a settlement is not reached, the parties will continue discovery and by March 2016, recommend two potential IVC filter cases for trial. The first bellwether trial will be scheduled after September 15, 2016, according to the CMO. (In Re: Cook Medical, Inc., IVC Filters Marketing, Sales Practices And Product Liability Litigation – MDL No. 2570)

“The discovery process is important in that both sides exchange specific information that is pertinent to each case, and they conduct depositions of witnesses that could potentially testify at trial,” explains Dr. François Blaudeau, founder of Southern Med Law.

Retrievable IVC filters are small devices implanted into the inferior vena cava (the main vessel returning blood from the lower half of the body to the heart) to trap blood clots and prevent them from traveling to the lungs and causing a pulmonary embolism. The filters are retrievable, meaning they can be removed once the threat of blood clots has passed. 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]

According to court documents, the MDL for lawsuit filings over Cook Medical’s Celect and Günther Tulip IVC filters was established in October 2014. The IVC filter lawsuit claims allege that Cook Medical’s Celect and Günther Tulip filters have design defects that make them more likely to fracture, migrate, tilt or perforate the inferior vena cava and cause injury. Parties involved in the MDL are preparing for bellwether trials which are considered test trials. The IVC filter cases selected for trial are representative of all the cases pending in the MDL. The outcome of these test trials helps plaintiffs, defendants and the court to predict trends for similar lawsuits that will be tried in the future.
(In Re: Cook Medical, Inc., IVC Filters Marketing, Sales Practices and Products Liability Litigation – MDL 2570)

Southern Med Law is currently evaluating legal claims on behalf of patients from around the country who experienced side-effects from IVC filters, including perforation of the heart, lung or other organs, punctured vena cava, perforated aorta and death. If you believe you have been injured by IVC filters contact one of the firm attorneys for a free legal evaluation by calling (205) 547-5525 or visit southernmedlaw.com for more information on this and other defective medical devices and to fill out a contact form.

About Southern Med Law And Filing a Cook 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 Bard retrievable IVC filter, please contact Southern Med Law today to learn more about your legal rights. Call today for a free, no obligation Bard 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