U.S. Magistrate Judge Tim Baker and attorneys for both sides sat down to discuss a potential settlement agreement. Unfortunately, they did not find common ground.
The conference ended “without further order,” according to a statement from the court.
There may be other settlement conferences, but the lawsuits will go to trial if negotiations fail. Large-scale settlements become more likely if a jury awards compensation. If not, the cases could be dismissed or sent to a lower court.
As of August 15, Cook Medical was facing 818 federal lawsuits in Multi-District Litigation (MDL No. 2570) in Indiana.
The first lawsuits have already been picked for “bellwether” trials in 2017. Trial outcomes are not binding on other lawsuits, but they do help lawyers negotiate settlements for people with similar injuries.
Cook Medical is accused of downplaying the risks associated with IVC filters. In a study last year, 43% of Celect filters perforated the patient’s vena cava within two months.
All of the plaintiffs were injured by the Cook Celect® or Günther Tulip® Vena Cava Filters. The spider-like devices are designed to catch blood clots. The longer they remain in the body, the higher the risk of filter fracture, migration, tilt, organ perforation, and death.