A discovery order was recently submitted regarding the multidistrict litigation for IVC filters that is currently underway in the U.S. District Court for the Southern District of Indiana.

The IVC filter MDL centers around inferior vena cava filters, more commonly referred to as IVC filters. IVC filters are medical devices that are surgically implanted in patients who are at risk for blood clots or pulmonary embolism.

Most times, patients at risk for blood clots or pulmonary embolism are placed on oral anticoagulant medications.

However, some patients are unable to tolerate these oral medications, and for those IVC filters represent a better way to prevent these serious medical events from happening.

IVC filters consist of a small cage-like device that is implanted in the body’s largest vein, the inferior vena cava. This vein brings blood from the lower extremities back up to the heart.

When a blood clot develops in the inferior vena cava, it can travel to the lungs and the heart, causing potentially life-threatening conditions of pulmonary embolism (a blood clot that travels to the lungs), heart attack or stroke. An IVC filter stops the clot from reaching the heart or lungs.

Many complications have been reported from IVC filter use, however, and these complications are the basis of the IVC filter MDL. Such complications reported include device fracture, filter tilting (rendering it less useful or completely ineffective), filter perforation of nearby organs, filter migration to different parts of the body, and more.

The discovery order in the IVC filter MDL gives four main updates to the actions in the litigation.

The first update in the IVC filter MDL discovery order allows Plaintiffs to take additional depositions. Originally, 20 depositions were authorized.

The discovery order authorizes an additional six depositions, allowing the total number of depositions to total 26. “Given that the number of cases in this MDL has exploded, an additional six depositions is reasonable,” the discovery order states.

The MDL discovery order second update states that the Defendants must produce six more custodian files. The Plaintiffs will be responsible for selecting the six additional files that the Defendants are required to produce. These cases must be produced within 28 days after the Plaintiffs select the files and provide their decisions to the Defendants.

Thirdly, “Defendants shall specifically identify whether Defendants are withholding any complaints involving Tulip filters involving migration, perforation, or fracture between 1992-97. In addition, Defendants shall review the complaints between 1992-97 to determine whether “tilt” is mentioned, even though the complaints are not specifically categorized in this fashion.”

The order goes on to explain that the Plaintiffs have raised additional concerns about the filters tilting, but it appears in the previous reviews of the cases, filter tilting was not a specific focus. The discovery order notes that less than 100 complaints were filed during the relevant time period, and the Court did not believe this request would be unduly burdensome.

The final update in the IVC filter MDL discovery order states that “The parties shall confer further in an attempt to resolve their disputes involving Defendants’ assertion of privilege.” If the plaintiffs and defendants are unable to reach an agreement, the order states that Plaintiffs may file an appropriate motion, most likely a motion to compel, to specifically state the relief they are seeking.

The IVC Filter MDL is In re: Cook Medical, Inc., IVC Filters Marketing, Sales Practices and Product Liability Litigation, MDL No. 2570, in the U.S. District Court for the Southern District of Indiana, Indianapolis Division.