The lawsuit was filed by Marvin G., a man from Ohio who was injured by the Günther Tulip® Inferior Vena Cava Filter (“IVC Filter”) manufactured by Cook Medical and William Cook Europe ApS.
The IVC Filter was surgically implanted in his vein for the purpose of preventing a Venous Thromboembolism (VTE), a life-threatening medical condition in which blood clots travel to the heart or lungs.
The Günther Tulip® was implanted on September 11, 2015 at Mount Carmel East in Columbus, Ohio by Dr. Brian F. Imbrogno.
The lawsuit accuses the defendants of failure to warn about side effects, selling a defectively designed medical device, negligence, breach of implied and express warranty, and fraudulent concealment.
The lawsuit was filed on January 18, 2018 in the U.S. District Court for the Southern District of Indiana (Indianapolis Division) — Case No 1:18-cv-00156-WTL-MPB.
It will be transferred into a centralized federal litigation that now involves thousands of IVC Filter injury lawsuits against Cook Medical — 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.