One of the most recent lawsuits was filed by Jose R., a man who was implanted with the Cook Celect® Vena Cava Filter on March 30, 2015 at Coral Gables Hospital in Florida.
Celect is a 2nd-generation retrievable IVC filter. It was approved in 2007 without clinical trials because it was “equivalent” to the Cook Günther Tulip IVC filter, but both have been linked to serious risks.
These filters are designed with needle-like wire legs that anchor the filter in a vein called the inferior vena cava. One of the most common problems is the legs dig too far and puncture the vein.
Vein perforations may not cause any symptoms, but they often cause the filter to tilt. This can allow the hook at the top of the filter to dig into the vein, which can make the filter difficult or impossible to remove.
In 2009, the first study of Celect warned, “Failed retrieval secondary to hook [embedment] continues to be an issue with this filter.” Over the next few years, evidence of serious risks has continued to grow.
In 2015, a study found a 43% perforation rate for the Celect vs. 0% for Rex Medical’s Option IVC Filter. In 2012, another study found that 86% of Celect filters penetrated through the vein within 5 months, on average. Researchers warned:
Penetration appears to correlate with indwelling time, suggesting that the filter should be removed as soon as [pulmonary embolism] protection is no longer indicated. … 5.8% of retrievals were unsuccessful because of technical failure.”
Lawyers say Cook Medical did not adequately test the Celect for safety. Cook is also accused of selling an “unreasonably dangerous” medical device and failing to warn patients about side effects.
The lawsuit was filed on January 26, 2017 in the U.S. District Court for the Southern District of Indiana (Indianapolis Division) — Case No. 1:17-cv-00262.
It will be centralized with over 1,370 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.