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Cook Medical Inc. is facing growing litigation consisting of Cook Celect IVC filter product liability claims. One of the most recent IVC (inferior vena cava) filter lawsuits was filed by a woman from Louisiana, who allegedly suffered complications soon after the Cook Celect filter was implanted.
Plaintiff Sharon A. alleges Cook Medical failed to warn her against the allegedly defective nature of the Cook Celect filter, which would have influenced her decision to have it implanted.
According to the IVC filter lawsuit, Sharon opted for the Cook Celect filter after her physician reviewed marketing materials and product information provided by the company.
Like many other patients, Sharon had the Cook Celect filter implanted for blood clot prevention purposes. The Cook Celect filter and other IVC filters are often prescribed to patients who are at risk for blood clot complications, but who cannot be prescribed anticoagulants.
The IVC filter is implanted in the patient’s inferior vena cava, the largest vein in the human body. IVC filters are small metal cage like devices, which trap blood clots forming in the legs or pelvis and prevent them from traveling to the heart or lungs.
Retrievable IVC filters are supposed to be removed soon after the blood clot danger is resolved, otherwise patients may face an increased risk of device complications. However, this product information was reportedly not available at the time Sharon was prescribed the Cook Celect filter, nor at the time it was implanted on Aug. 12, 2008.
As a result, Sharon says she developed serious device complications soon after implantation and has been contending with her compromised medical state ever since.
Overview of IVC Filter Complications
The FDA had issued a public warning against IVC filter complications in 2010, stating it had received 921 injury reports since 2005 including:
- 328 reports of IVC Filter Migration
- 146 reports of IVC Filter Component Detachment
- 70 reports of IVC Filter Perforation of the Inferior Vena Cava
- 56 reports of IVC Filter Fracture
At the time this warning was released, the FDA stressed the fact that IVC filters should only be used for short term treatment and long term use of the device could increase the risk of complications. The FDA issued a later warning in May 2014, stating the IVC filter should be removed between 29 to 54 days after implantation.
Even though these IVC filter complications can be potentially devastating to patients, Sharon says Cook Medical allegedly failed to disclose this information to the general public. Sharon states that she would not have agreed to have the Cook Celect filter implanted, if she knew the risks associated with the product.
Sharon’s IVC filter lawsuit is joining MDL No. 2570, where it will stand alongside other claims alleging similar complications from the Cook Celect filter. By joining an MDL, Sharon’s claim will be streamlined through the litigation process and will avoid potential problems like conflicting rulings from different judges.
Sharon is raising several claims in her IVC filter lawsuit, including counts of negligence and failure to warn.
This Cook Celect Lawsuit is Case No. 1:18-cv-02252-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 compensation–even if you did not suffer complications. Patients who did suffer complications may be able to seek significantly more compensation.
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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