The lawsuit was filed by Kathryn H., a woman who was surgically implanted with the Cook Medical Günther Tulip® Inferior Vena Cava (IVC) filter on May 14, 2007 at Grant/Riverside Methodist Hospital in Columbus, Ohio.
The Gunther Tulip is a small medical device that is implanted in the inferior vena cava, the largest vein in the body, to trap blood clots before they travel to the heart or lungs and cause death.
While the device can be life-saving, it can also cause serious complications or even death. A number of complications have been reported with the Gunther Tulip, including tilting, perforation of the aorta, filter migration, and pieces of the filter breaking off (fracture).
Around 3,000 lawsuits have been filed nationwide against companies who make IVC filters. Because all of the lawsuits are similar, a panel of federal judges have consolidated lawsuits in Arizona and Illinois.
The plaintiff is seeking damages from defendants Cook Incorporated, Cook Medical LLC, and William Cook Europe ApS.
The plaintiff has brought forth 7 counts against the defendants, including strict products liability for failure to warn and design defect, negligence, negligence per se, breach of express warranty, breach of implied warranty, and punitive damages.
Lawyers say the injuries and damages sustained by the plaintiff were caused by the defendants and their unlawful conduct with respect to design, manufacture, marketing, and sale.
The lawsuit was filed on April 6, 2017 in the U.S. District Court for the Southern District of Indiana (Indianapolis Division) — Case No. 1:17-cv-01107.
Cook Medical is facing around 1,600 other IVC filter lawsuits. The lawsuits are 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.
Editor’s note: For more information about IVC Filter lawsuits and your legal rights, please contact The Law Offices of Ben C. Martin.