The lawsuit was filed by Tammy B., a woman from Texas who was injured by the Günther Tulip® Inferior Vena Cava Filter (“IVC Filter”) manufactured by Cook Medical Inc.
The IVC filter was surgically implanted by Dr. Carlos P. Cruz at Denton Regional Medical Center in Denton, Texas on November 8, 2012.
The purpose of the filter was to catch blood clots in her bloodstream before they hit her lungs and caused a deadly pulmonary embolism.
Unfortunately, the plaintiff and hundreds of other people have suffered major IVC filter complications like fracture, migration, embolization of broken pieces to vital organs, vein perforation, organ damage, Deep Vein Thrombosis (DVT), and failure to remove the filter.
For example, in one case report, a 56 year-old women required emergency open-heart surgery when her Günther Tulip IVC filter fractured, migrated, and punctured her heart muscle.
A number of studies have also shown high rates of complications associated with the Günther Tulip, especially tilting and vein perforations. In a study from 2013, 43% of patients (69 out of 120) developed a perforation. The researchers concluded:
Greenfield filters had a significantly lower rate of IVC perforation than Celect and Tulip filters. Higher IVC perforation rates were observed in women.”
Cook Medical is charged with 7 counts of strict products liability (failure to warn, design defect), negligence, breach of express warranty, breach of implied warranty, and punitive damages.
The lawsuit was filed on May 20, 2017 in the U.S. District Court for the Southern District of Indiana (Indianapolis Division) — Case No. 1:17-cv-01781-RLY-TAB.
It will be centralized with over 1,900 other IVC filter lawsuits pending against Cook Medical 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.