A Nevada couple has recently added their claim to the multidistrict litigation over an alleged Cook IVC filter design defect.

Since it was created by the federal Judicial Panel on Multidistrict Litigation in October 2014, this multidistrict litigation, or MDL, has drawn claims from over 500 plaintiffs alleging they suffered avoidable complications after being implanted with IVC filters made by Cook Medical LLC or its related companies.

IVC filters are implantable medical devices designed to trap blood clots and prevent them from migrating to the lungs, where they could cause pulmonary embolism.

They are sometimes used in patients who are at risk for pulmonary embolism but for whom anticoagulant medication is not a good option.

The new claimants, plaintiffs Richard and Jill D., say that Richard was implanted with a Cook Celect IVC filter in March 2013.

By reference to the MDL’s master long form complaint, they claim Richard suffered from injuries that resulted from an IVC filter design defect in the Cook Celect.

Richard’s spouse Jill is bringing her own claim for loss of consortium. This type of claim typically seeks compensation for the effect of the alleged injury on the marital relationship.

The MDL provides for this type of claim so that spouses of injured persons can seek compensation for losses like their own emotional suffering or financial contribution towards the injured person’s medical expenses.

MDL Plaintiffs Allege IVC Filter Design Defect

The Cook IVC filter MDL is a consolidation of claims similar to Richard and Jill’s. Generally, plaintiffs in the MDL allege that the Celect and several other Cook filters have an IVC filter design defect that makes them prone to failure.

Failure of these filters can cause any of several types of complications, the plaintiffs allege.

In various cases, patients have reported that filters have migrated out of position, perforated blood vessels or nearby organs, or fractured into pieces that migrated elsewhere in the bloodstream.

Due to the risk of such complications, the FDA issued a communication in May 2014 advising physicians not to leave retrievable IVC filters implanted any longer than necessary to alleviate the risk of pulmonary embolism.

The agency that between 2005 and 2010, it received almost 1,000 reports of adverse events associated with these devices.

In addition to the Cook Celect, the short form complaint for the MDL lists Cook’s Gunther Tulip, Gunther Tulip MRI, and Celect Platinum as the specific products at issue. The form allows plaintiffs to bring claims over other Cook filters as applicable.

An early attempt at settling MDL claims recently fell flat. This past June, parties from both sides failed to reach an agreement in a settlement conference mediated by U.S. Magistrate Judge Tim Baker.

Simultaneous with attempts at settlement, the parties are selecting some of the first few cases that will be scheduled to begin trial in 2017.

Results from these trials will give parties on each side an idea of how well their evidence and arguments will play out in court. Further attempts at settlement could still happen before any claims go to trial.

The IVC Filter Design Defect Lawsuit is Case No. 1:16-cv-2188 in the U.S. District Court for the Southern District of Indiana, Indianapolis Division.