Cook IVC Filter Lawsuits Head Back to State Court
Several lawsuits alleging IVC filters designed and manufactured by Cook were defective and caused injury and even death will go back to state court, according to a federal order. The medical device manufacturer had tried to move the Cook IVC filter lawsuits to federal court to be part of larger multidistrict litigation; however, a federal judge found that the removal to federal court was improper. The cases will go back to court in their respective states; Texas, California, and South Dakota.
In one of the Cook IVC filter lawsuits, the plaintiffs alleged that their loved one died of a pulmonary embolism after being implanted with a Cook Gunther Tulip inferior vena cava filter. The plaintiffs claimed that their loved one had died because of severe tilting of the IVC filter after implantation.
The deceased, a father and husband, had been implanted with the Cook IVC filter in a hospital by a doctor in California.
Cook attempted to remove the case to federal court in California, arguing that the doctor and hospital should be severed from the case; however, the federal court disagreed.
The federal court pointed out that the plaintiffs’ Cook IVC filter lawsuit did not only accuse the device maker of causing their loved one’s death, they also alleged that negligence on the part of the hospital and/or doctor could have led to the tilting of the filter.
Experts say that state courts are more favorable to plaintiffs. State courts provide local juries and a voting system, which may be an advantage to plaintiffs in Cook IVC filter lawsuits.
IVC Filter Lawsuits
Cook IVC filter lawsuits allege that the medical device maker knew or at least should have known their products presented serious risks to patients, including fracture, migration, and perforation. These lawsuits also say that Cook failed to warn patients and their doctors about these risks.
IVC filters are shaped like spiders, with metallic legs. They are placed in the vena cava and are designed to catch blood clots before they reach major organs. Sadly, patients implanted with retrievable IVC filters have reported serious and even life-threatening complications. Deaths have also been linked to the devices since they were placed on the market.
IVC filter lawsuits allege that the thin metal prongs can fracture and migrate to the patient’s major organs, potentially causing a stoke, pulmonary embolism or even death. Patients have reported that IVC filters designed by several major medical device manufacturers, like C.R. Bard, and Cook Medical, have the same problems.
The Cook IVC filter lawsuits allege that the device manufacturer failed to properly test their products before exposing patients to them..
The Cook IVC Filter Lawsuit is Case No. 1:17-cv-6076, in the U.S. District Court for the Northern District of California.
If you or a loved one have suffered medical complications after being implanted with a Cook IVC filter, contact the attorneys at McDonald Worley to help evaluate your claim.
Disclaimer: McDonald Worley is not representing the plaintiff in this lawsuit.