By Emily Sortor  |  September 28, 2018

Category: Legal News

No Warning About IVC Filter Risks, Says Pennsylvania PatientA Pennsylvania patient has filed an IVC filter risks lawsuit, joining a multi-district litigation against Cook Medical Inc. over the allegedly defective design of two of their IVC (inferior vena cava) filters. She claims that an IVC filter made by Cook Medical Inc. is defective in its design and causes injury.

Plaintiff Lisa L. says that she had a Günther Tulip Vena Cava Filter made by Cook Medical Inc. implanted in her body on Dec. 6, 2010 in Philadelphia. She claims that she was injured by the device, because the device’s design was defective in such a way that caused it to be dangerous to patients. With a better warning about IVC filter risks, Lisa says, she could have avoided these injuries.

Lisa joins a growing multi-district litigation of patients around the country who claim that Cook Medical Inc. produced two models of IVC filters whose designs pose a risk to patients’ health and safety. IVC filters are small metal filters placed in the inferior vena cava to catch blood clots, so that they do not travel to other parts of the body and inhibit blood flow. If left free in the bloodstream, these clots can cause loss of circulation or stroke.

Plaintiffs claim that the Günther Tulip Vena Cava Filter and the Celect IVC filters possess designs that do not stand up to pressures naturally put on the devices when they are in a patient’s body.

Allegedly, the devices have a risk of becoming improperly embedded in the vena cava and puncturing the tissue. Additionally, patients say the devices are extremely hard to remove in a normal surgery. This can cause patients injury, as they may need to undergo a surgery that can have a risk of complications.

Lisa and other patients in the IVC filter risks lawsuit also allege that the device is likely to break, contrary to Cook’s representations that their conichrome composition “reduces the risk of fracture.” Additionally, patients say that the device can migrate inappropriately after it is implanted. These issues may cause serious injury or death to patients.

The patients argue that Cook intentionally misrepresented the filters as being durable and safe for use, but knew that the designs of the filters were actually defective. The patients accuse Cook of using “inadequate instructions, labeling, and/or inadequate testing [despite their] knowledge of the products’ failure and serious adverse events.”

Lisa says that had she been adequately warned of the risks associated with using the Günther Tulip Vena Cava Filter, she would not have agreed to have the filter implanted in her body, and would have chosen some other treatment to prevent clots. She says that she and other consumers had no choice but to rely on the information provided by Cook about the filters, and did not have another way to determine independently that the filters were defective.

The Cook IVC Filter Risks Lawsuit is Case No. 1:14-ml-2570-RLY-TAB MDL No. 2570, in the U.S. District Court, in the Southern District of 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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