Heba Elsherif  |  July 28, 2017

Category: Legal News

Cook-IVC-filter-lawsuitA New Jersey woman has filed a new IVC filter lawsuit alleging that the makers of the IVC filter manufactured a defective medical device after she suffered from complications from the Cook IVC filter.

Plaintiff Florence S. filed the Cook IVC filter lawsuit in Indiana federal court and states that she was implanted with the Cook IVC filter in September 2011. The Gunther Tulip medical device is manufactured and marketed by defendant Cook Medical LLC.

IVC Filter Lawsuit Joins Others in MDL

Florence’s complaint is filed as part of an MDL, which is also known as a large multidistrict litigation.

The MDL includes all allegations that are centered around a common complaint and in which it specifically includes allegations that the Cook IVC filter caused patients to suffer complications and injuries more than what they had expected to endure.

The complaints filed within the MDL alleged that the patients were not adequately informed and warned of the serious adverse effects suffered by the alleged Cook Filter IVC implantation.

According to the Cook IVC filter lawsuit, an IVC filter, or inferior vena cava filter is used to prevent the occurrence of blood clots from forming and particularly in related injuries such as a pulmonary embolism. Instead of a patient taking an anticoagulant medication that can be used to prevent the formation of blood clots, a physician may instead decide to insert a filter that can also perform the same task.

Termed an IVC filter, the implantable medical device is inserted into a patient’s inferior vena cava; the large vein that carries blood from the body’s lower extremities back up to the lungs and heart. Once inserted, the IVC filter “filters” the blood and catches any formed blood clots before they travel to the heart and lungs. A blood clot carried into the lungs can result in a pulmonary embolism.

Florence’s short form complaint does not specify what IVC filter complications she suffered. But according to the Cook IVC filter master complaint, there are several adverse health effects that have occurred because of the device’s implantation and other serious complications.

Patients allege that some Cook IVC filters have migrated and moved out of their initial position, leaving them exposed to the risk of blood clot-related conditions the filter was intended to prevent.

Additionally, there have been reports that the filter has come apart and fractured. Fracture can leave loose fragments of the medical device all throughout the patient’s bloodstream. Also, the device has been known to puncture organs, and some patients have died as a result of IVC filter complications.

Moreover, the loose fragments can insert and lodge themselves in a patient’s lungs or heart, causing an irreversible and often difficult removal of the parts. The ill-positioned filter can also prevent and fail to protect the patient against the formation of blood clots and what they were trying to prevent from occurring in the first place, a pulmonary embolism.

The assertion made in the Cook IVC filter lawsuit and surrounding MDLs maintain that Cook inadequately warned patients and the medical community of the risks involved in being implanted with these filters. Plaintiffs believe Cook withheld valuable and important information that could have aided them in making a more informed decision about their best health options.

The IVC Filter Lawsuit is Case No. 1:17-cv-02269-RLY-TAB, in the U.S. District Court for the Southern District of Indiana, Indianapolis Division. 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.

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

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