Kim Gale  |  July 17, 2017

Category: Legal News

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IVC filter complications BardA Gunther Tulip IVC filter lawsuit has been filed by a man who alleges he was injured by the medical device.

The Cook Gunther Tulip Inferior Vena Cava filter is often used to prevent pulmonary embolisms. It is a small cage-like device intended to filter blood clots that would otherwise travel from the lower portions of the body to the heart and lungs.

Plaintiff Richard B. was implanted with the Gunther Tulip IVC filter in September 2005. He went to the hospital in April 2017 because of severe abdominal pain. Images of the filter showed struts that had broken away traveled and were adjacent to the aortic bifurcation, which is the point where the aorta forks into the left and right common iliac arteries.

The Gunther Tulip IVC filter lawsuit alleges that Cook knew the filter “was defective and knew that defect was attributable to the design’s failure to withstand the normal anatomical and physiological loading cycles exerted” upon it inside the human body.

Gunther Tulip IVC Filter Lawsuit Alleges Design Flaws

Made of conichrome, the filter was boasted to have a frame that “reduces the risk of fracture.” But Cook now stands accused of failing to disclose that the filter was “subject to breakage and migration” and of the “appropriate degree of risk of perforation and damage to the vena cava wall.”

Cook allegedly continued to market the Gunther Tulip IVC filter as safe even though clinical trials “were not adequate to support long or short term efficacy,”, according to Richard.

The Gunther Tulip IVC filter lawsuit alleges Cook should have known the device “was designed and manufactured in such a manner so as to present an unreasonable risk of fracture of portions of the device” in addition to an unreasonable risk of device migration.

The possibility of filter fracture, tilt or migration is further complicated by the possibility the device can be impossible to remove because it has “grown into” tissue.

Cook allegedly falsely assured doctors and the public of the quality of the IVC filter. The Gunther Tulip IVC filter lawsuit alleges the product “is not safe, fit and effective for human use in its intended and reasonably foreseeable manner … The use of the Gunther Tulip is hazardous to the user’s health, and said device has a serious propensity to cause users to suffer serious injuries, including without limitation, the injuries plaintiff suffered.”

Patient Requires Ongoing Medical Monitoring

Richard was forced to undergo medical treatment because the Gunther Tulip IVC filter failed. He also continues to need medical monitoring such as regularly scheduled CT scans or other imaging studies. His future monitoring could include cardiac catheterization or similar procedures to detect possibly migrated pieces of the filter.

In some cases, open heart surgery is necessary to determine where the fractured pieces of the device have traveled.

The Gunther Tulip IVC Filter Lawsuit is Case No. 2:17-cv-00976 in the Superior Court of Washington for King County.

If you or a loved one suffered IVC filter side effects such as migration, IVC perforation, DVT or pulmonary embolism, you may have a legal claim. An IVC filter lawsuit may help you obtain compensation for your medical bills, pain and suffering, lost wages and more. Submit your information now for a FREE case evaluation.

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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