The lawsuit was filed by Jacob B., a man from Idaho who was injured by the Celect® Retrievable Inferior Vena Cava Filter (“IVC Filter”) manufactured by Cook Medical.
The IVC Filter was surgically implanted in his vein on April 27, 2010 at Kootenai Medical Center in Coeur D’ Alene, Idaho by Dr. Nicole Burbank. The purpose of the IVC Filter was to catch blood clots traveling in his vein and prevent a Venous Thromboembolism (VTE).
Celect® is linked to one of the highest rates of vein perforation of any IVC Filter on the market. Studies as early as 2007 blamed a defective design of the Celect — specifically, four unprotected primary struts that were supposed to anchor the Celect in the vein and prevent tilting — for puncturing the vein in a few weeks of being implanted.
For example, one study of 99 patients found that 43% of Celect IVC Filters perforated the vena cava within two months. Another study of 27 patients found that all Celect IVC Filters showed “some degree” of vein perforation within 71 days.
In some cases, the needle-like wire legs of the Celect IVC Filter puncture through the vein and into nearby organs. According to one study of 120 Celect IVC Filter retrieval attempts:
Penetration appears to correlate with indwelling time, suggesting that the filter should be removed as soon as PE protection is no longer indicated. Although most of the filters were removed, 5.8% of retrievals were unsuccessful because of technical failure.”
Lawyers accuse Cook Medical of selling a defective medical device and failing to warn patients or healthcare providers about side effects.
The lawsuit was filed on July 18, 2017 in the U.S. District Court for the Southern District of Indiana (Indianapolis Division) — Case 1:17-cv-02427-TWP-TAB.
The case will be centralized with nearly 2,350 other IVC filter lawsuits that are currently 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.