Cook Medical Inc. is facing a growing number of product liability claims alleging serious Gunther Tulip filter complications, which eventually formed a multidistrict litigation (MDL).
One of the most recent IVC (inferior vena cava) lawsuits to join this litigation movement was filed by a woman from Ohio, who alleges her medical condition was severely impacted by Gunther Tulip filter complications.
Plaintiff Barbara S. alleges these Gunther Tulip filter complications placed her at an increased likelihood of suffering device complications related to the IVC filter either breaking apart or migrating away from its implant location. The Gunther Tulip filter is an IVC filter device that was implanted in Barbara for typical treatment purposes on Oct. 14, 2016.
IVC filters are small metal cage-like devices that are directly implanted into the patientโs inferior vena cava, which is the largest vein in the human body. These devices work by trapping and preventing blood clots from traveling to the heart and lungs, which form in the legs or pelvis, which ultimately prevents patients from suffering potentially fatal blood clot complications.
IVC filters are typically recommended to patients who cannot be prescribed anticoagulant treatment and are supposed to be explanted soon after the blood clot risks are resolved. Federal health authorities have stressed the fact retrievable devices are meant for short-term use, and should not be left inside the body for long periods of time.
The longer time spent implanted, the higher the likelihood for Gunther Tulip filter complications.
Overview of IVC Filter Complications
The FDA warned the public against serious IVC Filter complications in 2010, after receiving 921 injury reports since 2005 that reportedly consisted of:
- 328 reports of IVC Filter Migration
- 146 reports of IVC Filter Component Detachment
- 70 reports of IVC Filter Perforation
- 56 reports of IVC Filter Fracture
The FDA eventually issued an updated report in May 2014, stating IVC filters should be removed between 29 to 54 days after implantation. It is important to note that due to the implant site of IVC filters, these devices can become very difficult to remove if they perforate, migrate, and break apart outside of the inferior vena cava.
Even though these Gunther Tulip filter complications can be devastating to patients, patients say Cook Medical allegedly failed to disclose this information to the public. Barbara opted to file legal action soon after discovering other patients suffered similar Gunther Tulip filter complications, alleging Cook Medical failed to warn her against them.
At all times relevant, Barbara and her physicians had relied on the marketing statements and product information provided by Cook Medical. Barbara states she would not have agreed to have the IVC filter implanted if she had known about the potential Gunther Tulip filter complications.
Barbaraโs IVC filter lawsuit is joining MDL No. 2570, where it will stand alongside other claims alleging Gunther Tulip filter complications. By joining an MDL, Barbaraโs claim will be streamlined through the litigation process and will avoid potential complications like conflicting rulings from different judges.
Barbara is seeking a multitude of damages in her IVC filter lawsuit, including counts of negligence and failure to warn.
This Gunther Tulip Filter Complications Lawsuit is Case No. 1:18-cv-03408-RLY-TAB, in the U.S. District Court of Southern Indiana, Indianapolis Division.
If you were implanted with an IVC filter, you may be entitled to compensationโeven if you did not suffer complications. Patients whoย did suffer complications may be able to seek significantly more compensation.
In general, IVC filterย 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 โ statutes of limitations may apply.
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