A couple has filed a Celect IVC filter lawsuit within the ongoing Cook IVC filter MDL, alleging that the device caused personal injury to the wife.

Plaintiff Sandra A. and her husband, Arthur A., have brought forth this Celect IVC filter lawsuit against Cook Medical LLC and William Cook Europe ApS after the wife allegedly suffered personal injury post device implant. Sandra had the device implanted in July 2014 by her surgeon in Warwick, R.I.

An IVC filter, also known as an inferior vena cava filter, is a medical device that is used to prevent and treat blood clots in susceptible individuals.  Some individuals are prone to having blood clots develop in the lower part of the body, and these blood clots can travel through the inferior vena cava vein up to the heart and lungs.

When a blood clot reaches the heart or lungs, it can cause a heart attack, stroke or pulmonary embolism. All of these conditions can be very serious and may be fatal.

The spider-like device itself works like a small trap to catch blood clots before they travel to the heart. Once trapped, the body’s natural response is to break down the clot until it dissolves.

Sandra’s specific injuries were not mentioned in the short form complaint. Other plaintiffs who go on to file a Celect IVC filter lawsuit allege that one or more of the following complications has occurred:

• Filter tilting
• Filter perforation
• Filter fracture
• Filter breakage
• Filter migration

The Celect IVC filter lawsuit states that “[a]t all times relevant to this action, Cook intentionally, recklessly, and/or negligently failed to act as to the known failures and injuries associated with its devices and/or failed to warn about, concealed, suppressed, omitted, and/or misrepresented the risks, dangers, defects and disadvantages of its IVC filters.”

Additionally, the Celect IVC filter lawsuit states that “[a]t all times relevant to this action, Cook intentionally, recklessly, and/or negligently advertised, labeled, promoted, marketed, sold and/or distributed its IVC Filters as a safe medical device when in fact Cook had reason to know, and/or did know, that its IVC Filters were not safe for its intended purposes, and that its IVC Filters cause serious injury and death.”

Sandra and her husband have raised a number of allegations against the defendants including strict products liability for failure to warn, strict products liability for design defect, negligence, negligence per se, breach of express warranty, breach of implied warranty, violations of applicable Rhode Island law prohibiting consumer fraud and unfair and deceptive trade practices, loss of consortium and punitive damages.

The couple is seeking a trial by jury for unspecified damages in an unspecified amount.

Typically, plaintiffs who file a Celect IVC filter lawsuit seek damages related to medical expenses, both past and future, lost earnings, loss of earning capacity, pain and suffering, emotional distress, mental anguish, loss of enjoyment of life, loss of spousal companionship and more. The punitive damages sought by plaintiffs seek to punish the manufacturer for it alleged wrongdoing.

The Celect IVC Filter Lawsuit is Case No. 1:17-cv-02271-RLY-TAB and is filed in the Cook IVC Filter MDL, 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.