After hearing arguments from both sides, an Indiana federal judge has selected the second Cook Medical IVC Filter bellwether case in multidistrict litigation alleging the medical devices, including the Celect IVC Filter, causes serious injury to patients.

Chief U.S. District Court Judge Richard L. Young, who is presiding over nearly 1,000 IVC filter lawsuits, considered arguments from both the plaintiffs and Cook Medical before giving the green light to the second bellwether suit, stating it was more representative of the claims of injuries and issues compared to the other case option.

Lawyers for the plaintiffs argued that it was unfair to allow Cook Medical to pick two bellwether trial cases in a row. They also said the case is too similar to the first trial set for October 2017 involving a Celect IVC Filter.

But Judge Young sided with Cook Medical, noting that 45% of the lawsuits in the MDL involve the Günther Tulip and this second trial candidate is the only one on the list of “bellwether” trial candidates.

“To further this end, the court must choose cases that are the most representative of the types of cases at issue in this MDL,” Judge Young said. “Therefore, the court does not consider [Elizabeth] and [Arthur] to be defense ‘picks’; rather, the court considers them solely as bellwethers.”

According to court documents, the first bellwether trial in Cook Medical, Inc., IVC Filters Product Liability Litigation, MDL 2570, will focus on the Celect IVC Filter, and the second on the Gunther Tulip filter.

The current bellwether case lineup is:

1) Elizabeth H. v. Cook Medical, Inc., 1:14- cv-6016-RLY-TAB.  The plaintiff, Florida resident Elizabeth H., was implanted with the Cook Celect IVC Filter in November 2010.

In March 2011, doctors tried to removed the filter but determined that it could not be removed. Elizabeth developed debilitating gastrointestinal symptoms — bowel inflammation, diarrhea, fatigue, vomiting, and abdominal pain.

After undergoing a colonoscopy, doctors discovered the Celect IVC Filter perforated through her vena cava and into her intestines. At that time — more than three years after the Celect IVC Filter was implanted — another hospital was able to remove the filter.

2) Arthur G. v. Cook Medical, Inc., 1:14-cv-1875-RLY-TAB. Plaintiff Arthur G. an Illinois resident, was implanted with a Günther Tulip IVC filter in April 2011. It perforated his vena cava, caused extreme pain and shortness of breath, and remains in his body because it is too risky to remove.

The outcomes of each bellwether trial are not binding on other lawsuits in the MDL, but they do help lawyers negotiate settlements.

If a settlement cannot be reached, lawsuits return to state court. Cook Medical is facing 980 lawsuits in multidistrict litigation as of October 17, 2016.

What’s Wrong with the Celect IVC Filter?

Many of the Celect IVC Filter problems, including its apparent tendency to break, have been associated with the length of implantation. IVC filters, at least the new generation of these devices epitomized by Cook Medical, are designed to be “retrievable.”

However, when the retrievable filters hit the market, manufacturers provided no guidelines on when to take them out.

It’s not uncommon to read about patients who have had IVC filters for five, six or even seven years at a time, far longer than the 29 to 54 days now advised by the FDA.

Plaintiffs claim the companies behind these implants, such as the Celect IVC Filter were aware of the dangers associated with longer “indwelling” periods, but concealed that information from the public.

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, Indianapolis Division.