By Heba Elsherif  |  September 25, 2017

Category: Legal News

A plaintiff, Karene M., has filed a products liability claim in a blood clot filter complications lawsuit in Indiana federal court against Cook Medical, the manufacturers of the Cook IVC filter.

According to the blood clot filter complications lawsuit, plaintiff Karene is a resident of the state of North Carolina. She alleges that she was implanted with the product in May 2004, but suffered severe adverse effects and complications due to the products insertion.

She raises the following claims in the blood clot filter complications lawsuit against the defendant, including but not limited to: Strict Product Liability; Negligence; Breach of Express Warranty; Breach of Implied Warranty; Violations of Applicable Indiana Law Prohibiting Consumer Fraud and Unfair and Deceptive Trade Practices; and Punitive Damages.

The alleged blood clot filter complications lawsuit is filed through a short form master complaint and does not specifically include the alleged complications suffered because of the implantation.

Karene’s blood clot filter complications lawsuit was filed as part of a large multidistrict litigation also known as an MDL. The MDL includes all allegations that are centered around a common complaint. The complaint includes the alleged claims and accusations that the alleged IVC filter complications cause severe adverse effects and complications such as thrombosis, in which loose fragmented device products become stuck in a patient’s heart or lungs, and that they fail to protect the patient against the formation of a blood clot.

The inferior vena cava, is the main vein that returns deoxygenated blood back to the heart. The IVC filters designed by Cook Medical were manufactured to become inserted into the major vein for the purpose of cleaning out the bloodstream for blood clots.

The primary purpose of the alleged development of the Cook IVC filter was to prevent blood clots stemming from the body’s lower extremities to migrate towards to the body’s lungs. The condition of a blood clot forming in the lower extremities is known as a DVT, or deep vein thrombosis, and a blood clot migrating to the lungs, is a condition known as PE, or a pulmonary embolism.

There are several adverse effects and complications that can occur from the insertion of the IVC filter. Some of these complications include the loose fragmented pieces from the medical device that may become stuck in a patient’s heart or lungs.

Additionally, other adverse effects include the migration of the IVC filter from its correct implanted position. Some adverse event reports state that the IVC filter was ineffective at filtering out the blood clots from the bloodstream, the primary reason why the IVC filter was inserted in the first place.

Karene’s Blood Clot Filter Complications Lawsuit is Case No. 1:17-cv-03108-JMS-DML, in the U.S. District Court for the Southern District of Indiana, Indianapolis Division. The Cook IVC Filter MDL is In re: Cook Medical, Inc., IVC Filters Marketing, Sales Practices and Products Liability Litigation, MDL No. 2570, in the U.S. District Court for the Southern District of Indiana.

In general, IVC filter lawsuits are filed individually by each plaintiff and are not class actions.

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