United States Magistrate Tim A. Baker has recently ordered an IVC filter pretrial conference for the ongoing multidistrict litigation (MDL) against Cook Medical.

The IVC pretrial filter conference took place on Nov. 10, 2016, where both parties appeared before Judge Baker.

The IVC filter pretrial conference discussed the discovery process, possible settlement solutions, and other related matters.

During this IVC filter pretrial conference, Cook Medical agreed to provide the plaintiffs “complaint listing detail” forms, a spreadsheet, and additional information to plaintiffs for relevant complain files for production.

However due to the differences in the parties’ settlement position, the IVC filter pretrial conference did not produce any potential settlement resolutions.

Judge Baker stated the issue will be revisited in early 2017, where another IVC filter pretrial conference will hopefully be more successful in producing potential settlement resolutions.

Overview of IVC Filter Complications

The Cook Medical MDL pertains to the IVC filter complications patients allegedly suffered while using the companies inferior vena cava filters.

Patients had these devices implanted in their inferior vena cava, the largest vein in the body, to prevent blood clot attacks. These devices are designed to trap and resolve blood clots that form in the legs and pelvis, preventing them from traveling to the lungs and heart.

IVC filters can either be made for permanent or temporary placement, giving patients the choice of having the device later explanted. Patients alleged the temporary models were poorly made, and would either break apart or become dislodged from the implant site.

Cook Medical and several other manufacturing companies allegedly made the temporary models out of inferior components, which would later malfunction inside the patients, according to lawsuit claims.

The FDA first warned against IVC filter complications in August 2010, warning doctors that temporary IVC filters could compound the patient’s condition. In the agency’s warning, at least 900 IVC filter injury reports were submitted to the FDA.

One of the most commonly reported injuries associated with IVC filter complications included the device breaking apart, and the device perforating and migrating away from the implant site.

An updated FDA warning was released in May 2014, the agency stated temporary IVC filters should be removed between 29 and 54 days after the blood clot risk is resolved.

Even though this is vital safety information for patients, Cook and other manufacturing companies allegedly failed to warn patients about this information.

Patients are suing Cook Medical for multiple counts of negligence and failure to warn, as well as concealing important product safety information.

The Cook IVC Filter MDL is Cook Medical, Inc. IVC Filters. Marketing, Sales Practices and Products Liability Litigation, MDL No. 2570, in the U.S. District Court of Southern Indiana, Indianapolis Division.