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Cook Medical Inc. is facing growing multidistrict litigation (MDL), consisting of product liability claims alleging the company failed to warn patients against the device filter risks their products carried.
One of the most recent claims was filed by a couple from Florida, alleging the company failed to warn them against the potential IVC filter risks associated with their Cook Celect Platinum filter.
Plaintiff Kevin M. and his wife Stacy M. jointly filed this IVC filter lawsuit, after discovering that IVC filter risks had been a concern in the United States medical community for years.
Kevin had the Cook Celect Platinum filter implanted on Dec. 31, 2015, for typical treatment purposes, and had no reason to be wary of any serious device complications.
IVC filters a small metal cage-like devices that are directly implanted into the inferior vena cava, which is the largest vein in the human body. As a major part of the circulation system, the IVC filters act as preventative measures against and other blood clot attacks.
IVC filters work by preventing blood clots from forming in the legs or pelvis, from traveling to the heart and lungs.
For this reason, IVC filters are very effective against deep vein thrombosis and similar conditions and serve as a good alternative for patients who cannot be prescribed anticoagulant treatment.
The Cook Celect Platinum was marketed as a safe and effective product for this treatment purpose, which was presented on marketing materials provided to Kevin and his physician.
These marketing materials allegedly failed to mention potentially serious IVC filter risks, which allegedly caused long-lasting damages to Kevin’s health. The IVC filter lawsuit alleges the medical device was defective in design and unreasonably dangerous to patients, which caused Kevin to suffer permanent injuries.
Overview of IVC Filter Risks
When IVC filters were first released onto the market, they were meant for permanent placement for patients at high risk for blood clot attacks. More recent models are meant for only temporarily placement and are meant to be removed after the blood clot risk is resolved.
However, patients have reported serious injuries from these temporary models due to the devices either perforating or migrating away from their implant location.
The FDA released a public warning regarding IVC filter complications in 2010, stating it had received 921 injury reports since 2005. These incidents consisted of:
- 328 reports of IVC Filter Migration
- 146 reports of IVC Filter Component Detachment
- 70 reports of IVC Filter Perforation
- 56 reports of IVC Filter Fracture
The FDA released a later warning in May 2014, stating that these devices should be removed between 29 to 54 days after implantation.
The FDA further stressed that IVC filters are only meant for temporary placement and should be removed as soon as possible. Essentially, the longer the device stays implanted the higher likelihood of IVC filter risks.
Kevin stated he would not have had the Cook Celect Platinum implanted if he had been given proper disclosure. Kevin’s IVC filter lawsuit is joining MDL No. 2750 and is seeking damages for negligence and failure to warn.
This IVC Filter Lawsuit is Case 1:18-cv-04027-RLY-TAB, in the U.S. District Court of Southern 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.
Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you. Hurry — statutes of limitations may apply.
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