Cook IVC Filter Lawsuits Allege Celect and Günther Tulip Inferior Vena Cava Filters (IVC) Fractured, Tilted Or Migrated And Caused Injuries To Patients.
A federal judge managing the coordinated pretrial proceedings for Cook Medical IVC filter lawsuits denied a request from the company to divide punitive damages claims during discovery and at trial. Cook Medical is facing lawsuits over its Celect and Günther Tulip Inferior Vena Cava (IVC) filters which plaintiffs contend causes injuries due to the devices fracturing, tilting, migrating, and failing to capture potentially deadly blood clots. The plaintiffs purport that Cook Medical concealed the injury-related risks of their devices. (In Re: Cook Medical, Inc., IVC Filters Marketing, Sales Practices and Product Liability Litigation –MDL 2570)
U.S. Magistrate Judge Tim A. Baker said Cook Medical did not establish “good cause” to support its request to separate the issue of punitive damages, according to an order issued October 30. Cook Medical, a privately held company, asked the court not to allow plaintiffs to obtain the company’s financial information during discovery. The company also asked for IVC filter trials to be divided into two stages, with the first focusing on compensatory damages, and the second focusing on punitive damages. In the matter of discovery, Judge Baker held that Cook Medical “failed to identify with specificity the discovery material they wish to protect.” In the matter of a two-phase trial, Judge Baker determined that the company’s liability for punitive damages and its financial information are “so closely intertwined in this case that they cannot be separated without prejudicing plaintiffs.”
“Judge Baker further wrote that the jury will also need Cook Medical’s financial information when examining the company’s potential liability for punitive damages,” says Dr. François Blaudeau, founder of Southern Med Law. “Juries award punitive damages to punish defendants and deter them from doing similar acts in the future.”
Southern Med Law is currently evaluating legal claims on behalf of individuals who allegedly experienced life-threatening complications associated with Cook Medical’s Celect and Günther Tulip IVC filters, including perforation of the heart, lung or other organs, punctured vena cava, perforated aorta and death. If you have been injured by IVC filters contact one of the firm’s attorneys for a free legal evaluation by calling (205) 547-5525 or visit southernmedlaw.com to fill out a contact form and to receive more information on this and other defective medical devices.
Retrievable IVC filters are small, spider-like devices implanted into a major vein called the inferior vena cava, which carries blood from the lower half of the body to the heart. The filters trap blood clots to prevent them from reaching the lungs and causing a pulmonary embolism, which can lead to death. The U.S. Food and Drug Administration (FDA) recommended that health care professionals remove IVC filters as soon as the threat for a pulmonary embolism has subsided because the devices are prone to failure the longer they remain implanted. The FDA said it had received 921 adverse event reports about IVC filters since 2005, that include the components becoming detached from the filter, as well as the filters fracturing, tilting, migrating and puncturing the inferior vena cava.
[fda.gov/MedicalDevices/Safety/AlertsandNotices/ucm221676., August 9, 2010
Court records show that IVC filter lawsuits filed against Cook Medical have been consolidated in the U.S. District Court, Southern District of Indiana. The plaintiffs and Cook Medical are preparing for bellwether trials which are scheduled to begin after September 15, 2016. All of the cases have similar allegations that include Cook Medical failed to warn that its IVC filters can puncture the vena cava, tilt, fracture, migrate and cause serious and fatal injuries.
About Southern Med Law And Filing A Cook Medical IVC Filter Lawsuit: The attorneys at Southern Med are an aggressive and effective team working for those who were harmed due to harmful medical devices. If you or a loved one were injured by a Bard retrievable IVC filter, please contact Southern Med Law today to learn more about your legal rights. Call today for a free, no obligation Bard IVC filter lawsuit review by filling out our online form at www.southernmedlaw.com, or by calling the office directly at 205-547-5525.
Southern Med Law
François M. Blaudeau, MD JD FACHE FCLM Esquire
2224 1st Avenue North
Birmingham, Alabama 35203
Medical Negligence/MedicalDevice/Pharma/Qui Tam