A woman from Texas recently filed an IVC filter lawsuit against Cook Medical Inc., alleging the company failed to warn her against the defective nature of their device.
The IVC filter claim is joining a growing multidistrict litigation (MDL), consisting of claims from patients who allegedly suffered injuries due to Cook Medical IVC filter devices.
Plaintiff Patricia M. says she underwent IVC filter placement for typical treatment purposes and had no reason to believe she was at risk for serious injuries. According to the IVC filter lawsuit, the Gunther Tulip Vena Cava Filter was implanted in 2013 and allegedly caused Patricia injuries not long after.
Patricia reportedly continues to suffer from these long term complications and opted to file legal action soon after discovering other patients had similar experiences soon after IVC filter placement.
Overview of IVC Filter Complications
IVC filters
are small metal cage like devices which are directly implanted in the patient’s inferior vena cava vein. This is the largest vein in the human body and is a vital component in the circulation system, which makes these devices vital for patients at risk for blood clot complications.
IVC filters are typically recommended to patients who cannot be prescribed anticoagulant treatment. They are available in permanent or retrievable models.
Numerous patients have allegedly suffered injuries soon after undergoing IVC filter placement of the retrievable models, but IVC filter complications can occur at any time in the life of the filter.
It is important to note that the FDA and medical community stress the importance of removing retrievable IVC filters as soon as possible, due to device use longevity severely increasing the chances of IVC filter injury. The FDA warned the general public against IVC filter complications in 2010, stating it had received 921 injury reports since 2005 including instances of:
- 328 reports of IVC filter migration
- 146 reports of IVC filter component detachment
- 70 reports of IVC filter perforation of Inferior Vena Cava
- 56 reports of IVC filter fracture
IVC filter migration
is one of the most frequently mentioned device complications in injury reports and occurs when the filter perforates the inferior vena cava and migrates to the heart or the pulmonary outflow tract.
Another common injury mentioned in conjunction with IVC filter complications is filter fracture, in which the devices reportedly broke apart. This makes removing the devices difficult.
In this warning, the FDA stated that IVC filter complications were more likely in cases of long term use and are only meant for temporary placement. The FDA released a later warning in May 2014, stating that an IVC filter should be removed between 29 to 54 days after implantation.
Even though IVC filter complications can be devastating to patients, Cook Medical allegedly failed to disclose this information. At all times relevant, Patricia and her doctors had relied on the marketing materials and product information provided by Cook Medical.
Patricia’s IVC filter lawsuit is joining MDL No. 2570, where it will be streamlined through the litigation process and will avoid potential problems like conflicting rulings from different judges. Her IVC filter lawsuit is Case No. 1:19-cv-00952-TWP-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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