A Kansas woman is suing Cook Group and related medical device manufacturers over an allegedly defective vena cava filter.
The plaintiff claims she was implanted with the Cook Celect Vena Cava Filter in 2013 at a Topeka hospital; however, the Cook Celect Vena Cava Filter put her at an increased risk for serious injury, adverse events, and even death, says the lawsuit.
This lawsuit joins a Master Complaint filed against the makers of the Cook Celect Vena Cava Filter and other inferior vena cava filters. Defendants include Cook Inc., Cook Medical LLC, and William Cook Europe APS.
“Plaintiffs have suffered emotional trauma, harm and injuries that will continue into the future. Plaintiffs have lost their ability to live a normal life, and will continue to be so diminished into the future. Furthermore, Plaintiffs have lost earnings and will continue to lose earnings into the future and have medical bills both past and future related to care because of the IVC filters’ defects,” alleges the complaint.
The Cook Celect Vena Cava Filter is a retrievable filter used to prevent pulmonary emboli in patients at risk of deep vein thrombosis. The filter is meant to be recovered, but a review of patients who were implanted with the Cook Celect Vena Cava Filter showed that retrieval often failed..
Additionally, the filters were shown to tilt and/or penetrate, alleges the complaint. A study found further that 40 percent of those implanted with the Cook Celect Vena Cava Filter experienced vena caval perforation.
The plaintiff alleges that Cook and other inferior vena cava filter makers obtained Food and Drug Administration (FDA) approval for the devices by taking a regulatory shortcut and telling the agency that their product was “substantially equivalent” to another device – permanent vena cava filters.
Although permanent vena cava filters have been in use for decades, the propensity of removable vena cava filters, like the Cook Celect Vena Cava Filter, to tip and perforate make them too high risk, argues the Master Complaint. However, Cook and other medical device companies failed to disclose the risks to patients and doctors.
According to the complaint, the Cook Celect Vena Cava Filter is subject to the following risks:
- Breakage
- Fracture
- Tilt
- Inability of removal
- Migration
The Master Complaint alleges that the medical device manufacturers were aware of these risks or should have been aware, but failed to warn doctors and patients. The complaint cites numerous studies showing a high incident rate of these risks. Cook and other medical device companies ignored these risks, alleges the lawsuit, or recklessly disregarded them when marketing their products.
The plaintiff wants to hold Cook and other medical device manufacturers responsible for the injuries caused by Cook Celect Vena Cava Filters.
If you or a loved one has suffered side effects from a Cook Celect Vena Cava Filter, contact the experienced attorneys at McDonald Worley today to help you get compensation for your medical bills, pain and suffering, and lost wages.