Recently, an Ohio woman has filed an IVC filter lawsuit against Cook Medical claiming that her IVC filter broke apart and perforated her inferior vena cava.

On April 8, 2015, plaintiff Janine D. was implanted with a Günther Tulip Vena Cava Filter manufactured by Cook Medical.

The medical professionals at St. Rita’s Medical Center in Lima, Ohio, explained to her that the filter was not permanent. As soon as it was not needed any longer, it would be removed.

According to this IVC filter lawsuit, when it was time to remove the filter, the physicians informed Janine that they could not do it. The filter had migrated, embedded in her tissue and perforated the inferior vena cava.

The doctors told her that if they tried to remove it, she would most likely bleed out.

The Günther Tulip IVC Filter

In May 2005, Cook’s Günter Tulip IVC Filter was approved by the FDA under Section 510(k) of the Medical Device Amendment. This states that if a medical device is “substantially equivalent” to other devices that are being legally marketed, a company may also market their device.

They do not need to seek a formal review.

The Günther Tulip filter is a device designed to filter blood clots, called thrombi, that might potentially travel from the lower parts of the body to upper parts, like the heart or lungs. If thrombi lodge in the lungs, this is called a pulmonary embolism and the patient is at serious risk.

A patient might potentially receive a Tulip filter if he or she is at risk for pulmonary embolism, however it is only meant to be a temporary fix. When the patient is no longer at risk, the filter is retrieved.

IVC Filter Lawsuit

According to this IVC filter lawsuit, in a study of the Günther Tulip filter published in the Journal of Cardiology Interventional Radiology, 100% of these IVC filters cause some degree of perforation of the vena cava wall. In 40% of the filters, significant tilt of the filter was observed.

The plaintiff claims that Cook Medical knew or should have known about the grave risks associated with their Gunther Tulip filter. According to Janine’s IVC filter lawsuit, the defendants continued to promote and market their device as safe and effective.

She claims that Cook concealed the known risks and failed to warn of the known IVC filter complications and safety hazards connected with the Gunther Tulip filter.

According to this IVC filter lawsuit, “the Günther Tulip Vena Cava Filter was designed, manufactured, distributed, sold and/or supplied by Defendants, and was marketed while defective due to inadequate warnings, instructions, labeling, and/or inadequate testing in light of Defendants’ knowledge of the product’s failure and serious adverse events.”

Janine holds Cook directly responsible for her injuries. She claims that she has suffered permanent and continuous injuries, pain and suffering, disability and impairment and economic losses.

She has also suffered emotional trauma, harm and injuries that will continue into the future. She has lost her ability to live a normal life which will continue into the future as well.

Janine is asking for compensation for both economic and non-economic losses, including medical expenses, pain and suffering, mental anguish and emotional distress.

If you or a loved one suffered IVC filter side effects such as migration, IVC perforation, DVT or pulmonary embolism, you may have a legal claim.

An IVC filter lawsuit may help you obtain compensation for your medical bills, pain and suffering, lost wages and more. Submit your information now for a free case evaluation.

The IVC Filter Lawsuit is Case No. 3:2016-cv-01558 in the Ohio Northern District Court.