A new trial has been ordered in a bellwether blood clot filter case against Cook Medical in which the previous trial had rendered a verdict in favor of the plaintiff. According to the ruling, issued on Jan. 6, 2020 by U.S. District Judge Richard Young, evidence that was presented at the earlier trial was hearsay and prejudicial.

The Lawsuit

Last February, injury plaintiff Tonya B. was awarded $3 million for injuries allegedly sustained when one of the defendant’s IVC clot filters fractured inside her artery, making it necessary for her to undergo surgery in order to remove it. Part of the evidence presented at that trial was a series of email messages mentioning the deaths of 18 patients that were attributed to the device.

Tonya’s blood clot filter lawsuit was the third in a series of bellwether cases, chosen from a number of similar complaints that have been consolidated into multidistrict litigation. The purpose of bellwether trials is to serve as test cases, giving both parties some idea of how future lawsuits will play out. Depending on the outcomes, the parties may enter into settlement negotiations or continue to litigate.

The Evidence in Question

Judge Young ruled that the emails presented at trial should never have been entered into evidence. In his ruling, he wrote that the injuries outlined in those messages were not similar enough to those suffered by the plaintiff. Judge Young further stated that the information contained in the emails had been collected by Cook Medical from outside sources, making them hearsay (information that could not be substantiated).

Had the emails not been entered into evidence, Judge Young says, the jury might have rendered a verdict in favor of the defendant. On the other hand, he rejected a motion by Cook counsel, in which they claimed that Tonya’s expert witness failed to prove that her blood clot filter had a defect that was directly responsible for her injury.

The Cause of Action: the Clot Filter

The blood clot filter, technically called an inferior vena cava, or IVC filter, is a small, metallic device resembling a cellar spider, or daddy longlegs. These are inserted into the main artery running between the lower body and the heart. Their purpose is to trap blood clots that present a danger of embolism.

Several lawsuits have reportedly claimed that IVC filters have tilted, come loose and/or fractured, allowing small metal shards to migrate to different parts of the body, causing severe injury and even death. In a recent verdict handed down in Philadelphia last November, another manufacturer was ordered to pay $33 million to a woman who suffered injuries due to a defective filter. Currently, medical device manufacturers are facing over 15,000 lawsuits from plaintiffs alleging injuries from the failure of these devices.

In May 2018, Cook lost a case brought by a 35-year-old firefighter from Houston, Texas, who was awarded $1.2 million.