IVC Filter Lawsuit Claims Allege Cook Medical’s Celect And Günther Tulip IVC Filters Migrate, Fracture, Tilt, Puncture Organs, And Cause Death.
As coordinated pretrial proceedings move forward for IVC filter lawsuits filed against Cook Medical Inc., the federal judge overseeing the litigation has rescheduled bellwether trials from after September 15, to after February 2017. The Inferior Vena Cava (IVC) complaints allege that Cook’s Celect IVC filters and Günther Tulip IVC filters fail to capture blood clots due to the devices fracturing, tilting, and moving from its original position and puncturing the inferior vena cava (IVC), the lungs and the heart.
U.S. District Judge Richard L. Young in the District Court of Southern Indiana, issued a Case Management Order (CMO) on December 3 revising deadlines for the bellwether trial process. The revised CMO extended the discovery process from March until April when all depositions are to be completed. By mid-April, attorneys for the plaintiffs and defendants are to use the discovery pool of cases to each select two cases for bellwether trials. The court will then select three cases to serve as bellwether trials, according to the CMO. (In Re: Cook Medical, Inc., IVC Filters Marketing, Sales Practices And Product Liability Litigation – MDL No. 2570)
“A bellwether trial is considered a test trial which helps the parties and the court predict the outcome of similar cases scheduled for trial in the future. It also helps the parties determine whether to settle the cases instead of pursuing further trials,” explains Wright & Schulte LLC.
Retrievable IVC filters are small devices resembling a cage and are designed to “trap” blood clots to prevent them from reaching the lungs and causing a pulmonary embolism, which can cause death. The filters are implanted in a major vessel called the inferior vena cava which returns blood from the lower half of the body to the heart. The U.S. Food and Drug Administration (FDA) has issued two alerts since 2010 about the importance of removing IVC filters when the risk of blood clots subsides. According to the FDA, IVC filters are meant for temporary use and serious complications can occur when the filters remain implanted longer than necessary.
[fda.gov/MedicalDevices/Safety/AlertsandNotices/ucm396377.htm, FDA, May 2014]
Studies have found IVC filters have a high failure rate because the devices are prone to fracturing, tilting, migrating and puncturing organs. For instance, a paper published in CardioVascular and Interventional Radiology suggested that all Cook Celect and Günther Tulip IVC filters showed some degree of vena cava perforation after just 71 days of implantation. In 86 percent of the cases, the researchers observed full perforation of at least one component all the way through the IVC wall. The filters were found to have tilted in 40 percent of cases.
[ncbi.nlm.nih.gov/pubmed/21448771, CardioVascular and Interventional Radiology, April 2012]
Prior to the court revising the bellwether trial plan, Cook Medical asked the court to separate the issue of plaintiffs’ requests for punitive damages during discovery and at trial. Cook Medical maintains it is a privately held company and did not want the plaintiffs to obtain its financial information during discovery. Cook also wanted the bellwether trials divided into two stages, with the first stage involving compensatory damages, and the second stage involving punitive damages. U.S. Magistrate Judge Tim A. Baker denied the company’s two requests. In his decision issued in December, Judge Baker wrote Cook did not specifically identify the discovery material they wanted to protect. Additionally, the judge found that the company’s liability for damages and its financial information “cannot be separated without prejudicing plaintiffs.” (In Re: Cook Medical, Inc., IVC Filters Marketing, Sales Practices And Product Liability Litigation – MDL No. 2570)
About Wright & Schulte LLC And Filing An IVC Filter Lawsuit: Wright & Schulte LLC, an experienced personal injury firm, is dedicated to the belief that America’s legal system should work for the people. Every day, the attorneys of Wright & Schulte LLC stand up for the rights of people who have been injured or wronged and fight tirelessly to ensure that even the world’s most powerful corporations take responsibility for their actions. If you’re looking for a law firm that will guarantee the aggressive and personal representation you deserve, please do not hesitate to contact Wright & Schulte LLC today. Free IVC filter lawsuit case evaluations are available through yourlegalhelp.com or by calling 1-800-399-0795.
Wright & Schulte LLC
865 S. Dixie Dr.
Vandalia, Ohio 45377