The lawsuit was filed by Charles V., a man from Nevada who was implanted with the Cook Günther Tulip® Vena Cava Filter on July 8, 2008 at Sunrise Hospital Medical Center in Las Vegas.
Günther Tulip is a filter that catches blood clots in a major blood vessel called the inferior vena cava. It prevents pulmonary embolisms in patients who cannot use blood-thinning medications.
It is one of the oldest IVC filters still on the market — approved for permanent use in Europe in 1992 and in the United States in 2000, it became one of the first FDA-approved retrievable filters in 2003.
In recent years, a number of studies have raised concerns about high rates of perforation. This complication occurs when the needle-like wire legs of an IVC filter puncture through the wall of the vena cava.
In one study from 2013, vena cava perforation occurred in 69 of 160 Tulip filters (43%) after an average follow-up of 14 months.
In another study from 2012, perforation of at least one filter component through the vena cava occurred in most patients implanted with the Tulip. All of the filters had “some degree” of perforation at 71 days.
The risk of perforation increases the longer the filter remains implanted. While most perforations do not cause symptoms, they can make the filter impossible to remove. Sharp pieces of the filter can also lacerate nearby organs, cause bleeding, and require surgery.
Cook Medical is facing a growing number of lawsuits for selling a defective medical device, inadequately testing it for long-term safety, and downplaying the risk of life-threatening side effects.
The lawsuit was filed on December 2, 2016 in the U.S. District Court for the Southern District of Indiana (Indianapolis Division) — Case No. 1:16-cv-03273.
It will be centralized with over 1,100 other IVC filter lawsuits now pending in Multi-District Litigation (MDL No. 2570)— In Re: Cook Medical, Inc., IVC Filters Marketing, Sales Practices, and Products Liability Litigation.
The plaintiff is represented by Ben C. Martin and Thomas Wm. Arbon of The Law Offices of Ben C. Martin.
Ben C. Martin is a trial attorney based in Dallas, Texas who serves as the plaintiffs’ co-lead counsel in the Cook IVC Filter MDL.
Editor’s note: For more information about IVC Filter lawsuits and your legal rights, please contact The Law Offices of Ben C. Martin.