A Cook IVC filter lawsuit was filed in Illinois’ Cook County Sept. 12, 2016. Marian Incavo filed the case against Loyola University Health System and Cook Medical Inc., an Indiana corporation. The case specifically concerns Cook’s Günther Tulip IVC filter.
Causes of Action
Causes of Action claimed in the petition are Negligence, Medical Negligence, Strict Product Liability – Failure to Warn, Defective Design, Manufacturing Defect, Breach of Express & Implied Warranty, Negligent Misrepresentation, Wrongful Death, Loss of Consortium.
Death of Plaintiff
Noel Francis Incavo died at age 78 on Sept. 10, 2014. He had been implanted with a Cook IVC filter on or about April 21, 2009. According to the petition, Mr. Incavo received the implant prior to a spinal procedure at Loyola University Medical Center in Cook County, Illinois.
IVC Filter Failure
IVC filters are advertised to prevent deep vein thrombosis. The petition says autopsy performed at the Autopsy Center of Chicago revealed “massive bilateral acute pulmonary embolism; deep venous thrombosis and complete occlusion of the left iliac vein; and a recent pre-mortem thrombus within the IVC filter.”
IVC Filter Problems Known
The petition states that “Defendants knew or should have known of the dangerous propensities of the IVC filter (to) cause injury and subsequent death, similar to the injuries sustained by the Decedent [Mr. Incavo].”
“Further,” the petition states, “several published clinical studies showed IVC filter lacked efficacy, were inferior to anticoagulation therapy, and were associated with higher rates of DVT, including one of the only randomized controlled trials ever performed on IVC filters PREPIC.”
The petition also charges that Cook continued to promote its Günther Tulip filter as safe and effective even though clinical trials did not support its long or short term efficacy.
IVC Filter Lawsuit filed in Illinois
The case is No. 2016L009027 Marian Invaco, et al. Vs. Loyola University Health System, Cook Inc. et al. in the Circuit Court of Cook County, Illinois Dept., Law Division. David P. Matthews of Matthews & Associates represents Mrs. Invaco.