October 15, 2014 — Lawsuits involving inferior vena cava (IVC) filters manufactured by Cook Medical have been centralized in a federal Multi-District Litigation (MDL) in Indiana.
The Judicial Panel on Multi-District Litigation (JPML) issued an order (PDF) today that centralizes 27 lawsuits pending in 11 district courts into the U.S. District Court for the Southern District of Indiana.
Federal judges selected Indiana because half of the lawsuits are already pending there, and Cook Medical is headquartered in Bloomington.
The JPML also favors centralization because it will eliminate duplicative discovery, prevent inconsistent pretrial rulings, and conserve the resources of the parties, their attorneys, and the judiciary.
Cook Medical is accused of selling defective IVC filters and failing to warn about safety risks. Most of the lawsuits involve the Günther Tulip and Celect filters. According to the JPML:
“The subject actions share factual issues arising from allegations that defects in the design of Cook’s inferior vena cava (“IVC”) filters makes them more likely to fracture, migrate, tilt, or perforate the inferior vena cava, causing injury.”
Cook Medical opposed centralization in an MDL, arguing that it will only encourage plaintiffs’ attorneys to file meritless claims. Attorneys said that “perforation and fracture are extremely rare occurrences,” and they will seek dismissal of claims by arguing that doctors were adequately warned about the risk.
Two years ago, a study published in Cardiovascular and Interventional Radiology studied 50 patients who were implanted with a Günther Tulip or Celect filter between July 2007 and May 2009. After 71 days, all of the filters had some degree of erosion into the vena caval wall. Overall, 86% perforated the vena cava and 40% tilted into the vena cava.
Do I have a Cook Medical IVC Filter Lawsuit?
The Schmidt Firm, PLLC is evaluating IVC filter cases in all 50 states, regardless of whether you were injured or not. If you or someone you know received an IVC filter implant, please contact our lawyers immediately for a free case consultation. You may be entitled to compensation by filing a lawsuit.
Please use the form below to contact our Defective Medical Device Litigation Group or call toll free 24 hours a day at (866) 920-0753.
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