The lawsuit was filed by Robert D., a man who was implanted with a Cook Günther Tulip IVC filter at Wellmont Health System in Kingsport, Tennessee on November 22, 2006.
He accuses Cook Medical of negligence for selling a defective medical device, failing to warn about side effects, and breaching implied and express warranty.
All of the lawsuits involve filters that fractured, tilted, perforated internal organs, or became embedded in the heart. The filters are often impossible to remove when these complications occur.
The Günther Tulip is a temporary filter that should be removed within 29-54 days, according to the FDA. Unfortunately, less than 50% are ever removed. The longer it remains implanted, the higher the risk of complications.
In April 2012, a study involving 50 people found high rates of complications associated with the Cook Günther Tulip or Celect IVC filters. Within 2-1/2 months, 40% of the filters tilted, 85% perforated the vena cava, and all of them had some degree of perforation.
The lawsuit was filed on June 20, 2016 in the U.S. District Court for the Southern District of Indiana (Indianapolis Division) — Case No. 1:16-cv-01518.
It will be centralized in a federal Multi-District Litigation (MDL No. 2570) where around 550 cases are pending against Cook Medical.
The plaintiff is represented by Ben C. Martin and Thomas Wm. Arbon of the Law Offices of Ben C. Martin in Dallas, Texas.