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Motion Filed to Consolidate Cook IVC Filter Lawsuits in MDL

Motion Filed to Consolidate Cook IVC Filter Lawsuits in MDL

August 1, 2014 — Attorneys have filed a motion (PDF) asking the U.S. Judicial Panel on Multi-District Litigation (JPML) to centralize dozens of lawsuits involving inferior vena cava (IVC) filters that were manufactured by Cook Medical.

There are currently 27 lawsuits pending in 11 district courts in Indiana, Pennsylvania, Nevada, Tennessee, California, Montana, North Carolina, Ohio, Washington, West Virginia, and Kentucky.

Fourteen of the lawsuits have been filed in the U.S. District Court for the Southern District of Indiana. The attorneys are arguing for the creation of a Multi-District Litigation (MDL) in Indiana because Cook Medical is headquartered in Bloomington, Indiana, and more than half of the lawsuits are already filed in the state.

Furthermore, the location is convenient for many corporate witnesses and documents. It would also improve efficiency, promote a just outcome in each lawsuit, and reduce the risk of conflicting rulings in various district courts.

Members of the litigation allege that the Gunther Tulip and Celect IVC filters are defectively designed. They also accuse Cook Medical of misrepresenting safety risks in marketing and failing to warn about side effects.

The motion cites a study published in April 2012 by Cardiovascular Interventional Radiology. Researchers looked at outcomes for patients who were implanted with the Gunther Tulip or Celect between July 2007 and May 2009. After 71 days, researchers found that 100% of the filters had some degree of perforation into the venal caval wall. In addition, 40% of the filters tilted.

The U.S. Food and Drug Administration (FDA) published a warning about IVC filters in August 2010, after receiving over 900 adverse event reports. The agency warned that adverse events were more likely when temporary IVC filters were not retrieved after a patient was no longer at risk of pulmonary embolism.

Do I have an IVC Filter Lawsuit?

The Schmidt Firm, PLLC is currently accepting IVC filter induced injury cases in all 50 states. If you or somebody you know has been injured by the Gunther Tulip or Celect IVC filter, you should contact our lawyers immediately for a free case consultation. 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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