The lawsuit was filed by Michael R., a man from Ohio who was injured by the Celect® Inferior Vena Cava Filter (“IVC Filter”) manufactured by Cook Medical LLC.
The IVC Filter was implanted on October 8, 2010 at Knox Community Hospital in Mount Vernon, Ohio by Dr. Lauren McDowell-Jacobs. The purpose of the filter was to prevent pulmonary embolisms (blood clots in the lungs). Instead, it caused severe health issues for the plaintiff.
One of the most common problems with the Celect IVC Filter is vein perforation — often within the first few months of implantation. Studies as early as 2007 blamed the design of the Celect for these injuries.
IVC Filters are cone-shaped devices with up to 12 needle-like wire legs arranged around a central hook. The legs dig into the wall of the inferior vena cava to anchor it inside the vein. The problem is that the walls of the vena cava are very thin and easily punctured.
Another problem is that the vena cava is constantly pulsating with blood pressure, movements, and breathing. IVC Filters must be able to withstand constant flexing movements for years without breaking — but if they are too rigid, the legs will puncture the wall of the vein.
Recent studies found that 43% of Celect IVC Filters punctured the vein in 2 months. Vein perforations do not always cause symptoms, but they often make retrieving the filter more difficult or impossible. In some cases, the wire legs dig into nearby organs or break off and cause life-threatening complications.
Lawyers accuse Cook Medical of negligence for selling a defective medical device and failing to warn about the risk of devastating side effects like filter fracture, tilt, migration, or perforation of the vena cava.
The lawsuit was filed on July 31, 2017 in the U.S. District Court for the Southern District of Indiana (Indianapolis Division) — Case No. 1:17-cv-02571-RLY-MJD.
It will be centralized with approximately 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.