By Amanda Antell  |  June 6, 2018

Category: Legal News

Growing IVC Filter MDL Alleges Gunther Tulip Filter ComplicationsCook Medical Inc. is facing a growing multidistrict litigation (MDL) consisting of product liability claims from patients alleging Gunther Tulip filter complications.

One of the most recent additions comes from a man from Colorado who filed an IVC (inferior vena cava) filter lawsuit alleging he suffered from Gunther Tulip filter complications.

Plaintiff James W. alleges he developed Gunther Tulip filter complications soon after the device was implanted and claims that the Cook Medical device was defective in nature.

IVC filters are small cage-like devices implanted directly into the inferior vena cava, which is the largest vein in the human body and is a vital component of the body’s circulation process.

IVC filters are typically prescribed to patients who cannot use anticoagulant treatment and are designed to resolve blood clots forming in the legs or pelvis. This stops blood clots from traveling into the heart or lungs, ultimately preventing any blood clot attacks. With these benefits in mind, James underwent IVC filter implant surgery on Feb. 20, 2010.

IVC filters are supposed to be removed after the blood clots are resolved, but patients have reported that certain device complications make the situation much more difficult. Some patients have reported that IVC filters break apart while inside them, and migrate to different areas that make removal very difficult.

James allegedly developed serious Gunther Tulip filter complications, which have compounded his medical condition. According to the IVC filter lawsuit, James and his physician relied on the marketing materials provided by the company and allegedly failed to mention any serious Gunther Tulip filter complications.

Overview of IVC Filter Complications

When IVC filters were first released onto the market, patients only had the option of permanent placement models. When removable models were first released, they quickly became popular but injury reports indicated these models may have been lower quality than the permanent models.

The FDA has repeatedly stated that IVC filters should be removed after the blood clots are resolved or the chances of device complications rise significantly. The FDA first warned against IVC filter complications in 2010, stating it had received 921 injury reports since 2005 including:

  • 328 injury reports of IVC filter migration
  • 146 injury reports of IVC filter component detachment
  • 70 injury reports of IVC filter perforation
  • 56 injury reports of IVC filter fracture

The FDA later warned that IVC filters should be removed between 29 and 54 days after implantation. Even though these Gunther Tulip Filter complications can be potentially devastating to patients, Cook Medical allegedly failed to warn the public against them.

James states he would not have agreed to have the device implanted if he had been warned against the potential Gunther Tulip Filter complications. James’ IVC filter lawsuit is joining MDL No. 2750, where it will join other claims alleging similar Gunther Tulip filter complications.

By joining an MDL, James’ claim will be streamlined through the litigation process and will avoid potential problems like conflicting rulings from different judges. James is seeking multiple damages in his IVC filter lawsuit, including counts of negligence and failure to warn.

This IVC Filter Lawsuit is Case No. 1:18-cv-01514-WTL-MPB, 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.

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