The lawsuit was filed by James E., a man from Remington, Indiana who was injured by the Günther Tulip® Inferior Vena Cava Filter (“IVC Filter”) manufactured by Cook Medical LLC and William Cook Europe ApS.
The IVC Filter was implanted on September 17, 2014 after he was diagnosed with a Deep Vein Thrombosis (DVT).
On March 24, 2017, he was told for the first time that the filter had penetrated through his vein.
On February 1, 2018, he was informed the filter was clogged by blood clots and his vein was occluded. He was told by his doctor that there will be significant risk if there is an attempt to remove the filter because of the length of time that the filter has been implanted.
Cook Medical is accused of negligence for selling a defective medical device and failing to warn about safety risks.
The lawsuit was filed on March 19, 2019 in the Marion County Superior Court in the State of Indiana — Case No. 49D07-1903-CT-011151.
In addition to the state court litigation, there are now over 5,200 federal IVC filter lawsuits that have been filed 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 of The Law Offices of Ben C. Martin in Dallas, Texas.
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.