The lawsuit was filed by Todd M., a man from Wisconsin who was implanted with the Celect® Inferior Vena Cava Filter (“IVC Filter”) manufactured by Cook Medical LLC and William Cook Europe ApS.
The IVC Filter was surgically implanted in his inferior vena cava on September 21, 2012 by Dr. Kristin M. Gerndt at Marshfield Medical Center in Marshfield, Wisconsin, to prevent a pulmonary embolism.
In recent years, several studies have linked the Celect® IVC Filter with high rate of vein perforations. Perforations do not always cause symptoms, but they frequently make the IVC Filter difficult to remove.
For example, in a study of 27 patients who were implanted with the Celect® IVC Filter, all 27 had some degree of vein perforation within just 71 days after the filter was implanted.
The lawsuit accuses Cook Medical of negligence, products liability, failure to warn, design defect, breach of implied and express warranty, fraudulent concealment, and more.
The lawsuit was filed on November 11, 2017 in the U.S. District Court for the Southern District of Indiana (Indianapolis Division) — Case No. 1:17-cv-04424-SEB-MJD.
It will be centralized with over 4,500 other IVC filter lawsuits now 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.