Ashley Milano  |  January 4, 2017

Category: Legal News

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IVC FilterFollowing the selection of three bellwether trial cases, a case management order has been issued spelling out the specifics of the Cook Medical IVC filter bellwether trial plan.

Cook Medical is facing multidistrict litigation (MDL) alleging that its inferior vena cava (IVC) filters are defective and caused serious, sometimes fatal complications.

The company is accused of failing to disclose these risks to patients and their physicians.

MDLs are a type of mass tort where similar lawsuits are brought together in one court before one judge. Consolidating claims in this manner allows the litigation to move forward more efficiently and conserves court resources.

The first lawsuits to go to trial in an MDL are known as bellwether cases. These cases are selected because they represent the majority of the litigation.

The outcome of a bellwether trial can significantly affect the course of the remaining litigation.

IVC Filter Bellwether Trial Plan Outlined

U.S. District Judge Richard L. Young outlined the IVC filter bellwether trial plan, setting case management deadlines for the selected lawsuits as well as the schedule for depositions and trial dates.

According to the IVC filter bellwether trial plan, two of the three cases will be on parallel tracks so that they are ready for trial by October 2, 2017.  The third case will be on a separate track, making it trial ready by April 2, 2018.

The judge also ordered that case-specific fact depositions in the bellwether cases should be limited to the plaintiffs, plaintiffs’ treating physicians, sales representatives directly associated with the sale of the specific IVC filters implanted in the plaintiffs, and two additional fact witnesses.

What are IVC Filters?

IVC filters are placed in the inferior vena cava, the major vein transporting blood from the lower body back to the heart and lungs. They are typically placed in patients who cannot take oral anticoagulants.

The devices are intended to catch blood clots before they can reach the heart and lungs, which would lead to a life-threatening condition known as pulmonary embolism.

It is recommended that retrievable IVC filter removal be performed when the risk of a blood clot traveling to the lungs has passed or if a patient can take blood thinners. IVC filter removal does not address the cause of the initial deep venous thrombosis or disorder that caused the blood clot risk.

Because filters can increase risks of new blood clot formation in the legs and abdomen, and certain filter types have been found to break apart and/or cause symptoms from the filter legs penetrating the wall of the device, IVC filter removal is recommended when the filter is no longer needed.

Filing an IVC Filter Lawsuit

More and more former recipients of IVC filters are coming forward with complaints of serious injuries from the implants and are filing legal claims against the makers of the allegedly defective medical devices, citing poor design and manufacturing as the reasons for their injuries.

If you received an IVC filter implant and you have since suffered complications like device fracture, device migration, or injury to nearby organs, you may consider filing an IVC filter lawsuit.

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

In general, IVC filter lawsuits are filed individually by each plaintiff and are not class actions.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you. Hurry — statutes of limitations may apply.

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Join a Free IVC Filter Class Action Lawsuit Investigation

If you or a loved one were injured by IVC filter complications, you may have a legal claim. See if you qualify to pursue compensation and join a free IVC filter class action lawsuit investigation by submitting your information for a free case evaluation.

An attorney will contact you if you qualify to discuss the details of your potential case.

Please Note: If you want to participate in this investigation, it is imperative that you reply to the law firm if they call or email you. Failing to do so may result in you not getting signed up as a client, if you qualify, or getting you dropped as a client.

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