A Louisiana couple is suing medical device manufacturer Cook Medical LLC over the wife’s alleged inferior vena cava side effects.

Plaintiffs Terry and Rene T. are bringing an inferior vena cava lawsuit against Cook Medical and its related companies.

Cook Medical is responsible for the design, manufacture and sale of the Gunther Tulip filter at issue in this inferior vena cava lawsuit.

The plaintiffs allege Terry was implanted with a Gunther Tulip filter in May 2012.

Based on unspecified inferior vena cava side effects that followed that implantation, Terry and her husband Rene are now bringing an inferior vena cava lawsuit claiming failure to warn, design defect, negligence, breach of warranty and violation of any applicable Louisiana state consumer protection law.

Rene is bringing his own claim for loss of consortium to cover the harm to his marital relationship with Terry that resulted from her inferior vena cava complications.

The couple also seeks an award of punitive damages to deter the defendants from any future culpable conduct.

The Cook IVC Filter MDL

Terry and Rene’s inferior cava lawsuit is one of about 400 similar lawsuits against Cook over injuries allegedly associated with the company’s IVC filters. These claims have been consolidated into a single multidistrict litigation, or MDL, in the interest of coordinating pretrial processing.

Plaintiffs in these inferior vena cava lawsuits say they suffered complications beyond what they were led to expect after being implanted with Cook IVC filters. The filters are allegedly prone to fail in ways that put the patient at risk for serious injury.

When properly functioning, an IVC filter holds its place within the inferior vena cava and prevents blood clots from migrating from lower in the body to the lungs, where they may cause pulmonary embolism.

But in some cases, the device allegedly migrated out of its proper position. Some filters have also reportedly fractured, creating fragments that may find their way to the heart and potentially cause life-threatening injuries.

In some cases, the failed filter cannot be surgically removed and must be left in place, putting the patient at risk for future inferior vena cava complications.

In addition to the Gunther Tulip filter, Cook’s Celect, Celect Platinum, and the MRI-compatible version of Gunther Tulip are all at issue in the MDL.

First Inferior Vena Cava Lawsuit Trials

Parties on both sides of the litigation recently agreed on a number of selected inferior vena cava lawsuits to go to trial. These trials, known as bellwether trials, are scheduled to begin in September of this year.

Choosing certain claims to serve as bellwether trials is a common practice in MDL litigation. Results from the first few trials give the parties an idea of how certain evidence and legal theories play out with juries.

With a better understanding of their respective bargaining positions, parties are more likely to reach settlement agreements rather than proceed to trial.

Terry and Rene’s Inferior Vena Cava Lawsuit is Case No. 1:16-cv-1318 filed within the larger Cook IVC filter MDL  In re: Cook Medical Inc. IVC Filters Marketing, Sales Practices and Tab Products Liability Litigation, MDL 2570, in the U.S. District Court for the Southern District of Indiana.