The lawsuit was filed by William L., a man who was living in West Virginia when he was injured by the Günther Tulip® Inferior Vena Cava Filter (“IVC Filter”) manufactured by Cook Medical Inc.
The IVC filter was implanted in his body on September 14, 2012 by Dr. Andrew Baugh at Benefis Health System in Great Falls, Montana.
The plaintiff, who is now living in Kentucky, was implanted with the IVC filter about two years after the FDA issued the following Safety Warning:
Known long term risks associated with IVC filters include but are not limited to lower limb deep vein thrombosis (DVT), filter fracture, filter migration, filter embolization and IVC perforation.”
Although the Günther Tulip is advertised as both a permanent and retrievable IVC filter, studies have shown high rates of side effects in the first few months that can make the IVC filter impossible to retrieve.
For example, a study in 2008 found that 91% were tilted during retrieval attempts. Tilted filters are more likely to puncture the vein or get stuck, further complicating retrieval.
In 2012, another study found an 86% vein perforation-rate for patients with the Günther Tulip or its successor, the Celect® IVC filter. All of the filters had “some degree” of vein perforation after 71 days, often as a progressive process, and 40% of the filters were tilted and puncturing the vein.
Cook Medical is accused of selling a defective medical device and failing to warn about serious side effects.
The lawsuit was filed on May 26, 2017 in the U.S. District Court for the Southern District of Indiana (Indianapolis Division) — Case No. 1:17-cv-01760.
Cook Medical now faces around 2,000 IVC filter lawsuits nationwide. The lawsuit will be centralized 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.