The first of the inferior vena cava (IVC) filter lawsuits in the multidistrict litigation (MDL) against Cook Medical have been selected for a bellwether discovery pool.
About 200 IVC filter lawsuits have been consolidated under U.S. District Judge Richard L. Young in the Southern District of Indiana.
Cases involving Cook Celect and Cook Gunther Tulip vena cava filters were put under the purview of Judge Young in October 2014.
Each of the lawsuits allege that the IVC filters either moved from their implant locations, punctured the vena cava, or broke apart and scattered throughout the heart or lungs.
The inferior vena cava is the largest vein the body, which is primarily responsible for moving de-oxygenated blood from the lower legs to the heart, and then lungs. When blood clots form in the patient’s legs, they could travel to the heart, brain or lungs.
Clots that go to the brain can cause a stroke. Those that go to the heart can cause heart attack. And those that go to the lungs can cause a pulmonary embolism, which can lead to lung damage and a decrease in the body’s blood oxygen level.
IVC filters are thin tubes developed in 1979 that were originally meant to be permanently placed in the patient’s inferior vena cava. Temporary models were released years later. These devices work by trapping blood clots in the device’s metal wires.
While the permanent models have reportedly worked well, the temporary models have generated numerous complaints like those in the Cook Medical MDL as well as thousands of others involving other IVC filter manufacturers.
Overview of IVC Filter Allegations
As part of the pretrial proceedings in the MDL, the judge asked each side to pick five cases to be representative, or bellwether cases, and go through the discovery process. Four of the cases are scheduled to go to trial at some point after Sept. 15, 2016.
This process is designed to help determine how juries may respond to certain evidence, and to conserve litigation resources.The outcome of these bellwether IVC filter lawsuits will not affect the outcome of other claims in the litigation, but the process is supposed to help each side to negotiate settlements for the IVC lawsuits.
In general, IVC filter lawsuits are filed individually by each plaintiff and are not class actions.
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