The man, Parker T., joins a centralized federal litigation involving approximately 400 other lawsuits involving the Günther Tulip and other filters made by Cook Medical.
All of the lawsuits accuse Cook of selling a dangerous medical device and failing to warn about risks. The FDA has received hundreds of complaints about filters breaking, tilting, or moving into the heart. In many cases, surgery is necessary to remove the filter.
Many of the lawsuits were filed by Dallas attorney Ben C. Martin, who recently told the International Business Times:
There are probably tens of thousands of people that are walking around with a perforated vena cava and have absolutely no idea. You’ve got a massive public health risk in the United States.”
The Günther Tulip is a retrievable filter that should be removed within 29-54 days after implantation, according to the FDA. The longer it remains implanted, the higher the risk of complications. Unfortunately, many of the filters are not removed for years.
In April 2012, researchers published a study involving 50 people with the Celect or Günther Tulip. After 2-1/2 months, 40% of the filters were tilted, 85% perforated through the vena cava, and all of the filters had some degree of perforation.
The plaintiff is represented by Ben C. Martin and Thomas Wm. Arbon of the Law Offices of Ben C. Martin in Dallas, Texas.
The lawsuit was filed on May 21, 2016 in U.S. District Court for the Southern District of Indiana (Indianapolis Division) — Case No. 1:16-cv-01337
The case will be centralized in MDL No. 2570 — In Re: Cook Medical Inc., IVC Filters Marketing, Sales Practices and Products Liability Litigation