A Florida man joins a growing multidistrict litigation (MDL) against Cook Medical, filing his own IVC filter lawsuit. The man’s IVC filter lawsuit alleges the company’s IVC (inferior vena cava) filter device caused him to develop chronic injuries, and further compounded his medical condition.
The man had agreed to have the Cook Celect IVC filter implanted for typical treatment purposes, but suffered complications soon after. According to the IVC filter lawsuit, plaintiff Steven L. opted to have the Cook Celect IVC filter implanted after reviewing the marketing materials provided by Cook Medical.
Steven reportedly had the IVC filter implanted on June 13, 2012, to prevent the onset of blood clot formation and attack. However, not long after the device was implanted, Steven allegedly experienced IVC filter complications often mentioned in injury reports.
Overview of IVC Filter Complications
IVC filters are small cage-like devices that are directly implanted in the inferior vena cava, the largest vein in the human body. This device works by trapping blood clots forming in the legs and pelvis, and preventing them from traveling to the heart or lungs.
This ultimately prevents the onset of blood clot attacks, making IVC filters an ideal treatment choice for patients who cannot be prescribed anticoagulants. Initially released as a permanent treatment option for patients, temporary IVC filters were later released for patients to choose from.
However, it has been alleged that temporary IVC filters are defectively made, and were prone to breaking inside the patients. The medical community soon became aware of the problems associated with temporary IVC filters, with manufacturing companies potentially in the line of fire for liability.
The FDA issued a public warning in 2010, stating it had received 921 injury reports submitted 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
The FDA stated that IVC filter complications were more likely in patients using the devices on a long term basis, and should be removed after the blood clot risks subside. The FDA issued an updated warning in May 2014 stating that the IVC filters should be removed between roughly 29 and 54 days after the device is implanted.
Even though manufacturing companies like Cook Medical allegedly knew of the potentially dangerous complications, but had allegedly failed to warn the general public. Cook Medical and other companies allegedly downplayed the potential side effects and emphasized IVC filter benefits in their marketing materials, in order to maximize profits.
Steven’s IVC filter lawsuit is being filed in MDL No. 2570, where it will stand alongside other claims alleging similar injuries. By joining the MDL, Steven’s IVC filter lawsuit will be streamlined through the litigation process and will avoid encountering conflicting rulings from different judges.
At all times relevant, Steven had used the device for its intended purpose and did not deviate from medical instructions. Steven states he would not have used the Cook Celect IVC filter if he had known about the potential device complications.
This IVC Filter Lawsuit is Case No. 1:17-cv-02877-RLY-TAB, in the U.S. District Court for the Southern District of Indiana, Indianapolis Division.
In general, IVC filter lawsuits are filed individually by each plaintiff and are not class actions.
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