The lawsuit was filed by Tonya Brand, a woman who was implanted with a Celect® Vena Cava Filter (“IVC Filter”) before she underwent spinal-fusion surgery in 2009.
In May 2011, she began experiencing pain in her right thigh. A month later, she saw something protruding from her skin, and pulled out a broken piece of her IVC filter, according to the lawsuit.
Doctors discovered that her IVC filter fractured and a broken piece migrated near her spine. In October 2015, she underwent surgery to remove the broken piece.
The jury awarded $3 million in compensation for her pain and suffering, medical expenses, decreased quality of life, and more.
The lawsuit accused Cook Medical of selling a defective medical device and failing to warn about severe side effects.
Her case was the 3rd trial against Cook Medical in a federal Multi-District Litigation (MDL) that now involves over 5,000 similar lawsuits. The two previous cases selected for trial ended in wins for Cook.
She is represented by several attorneys, including Ben C. Martin of the Law Office of Ben C. Martin in Dallas, Texas.