Matthews & Associates has filed a Cook IVC Filter Consolidated complaint. The firm filed a “Master Consolidated Complaint for Individual Claims” in the Cook Medical federal multi-district litigation (MDL) court in Indianapolis, Indiana. The Master Complaint serves the administrative functions of efficiency and economy and presents certain common claims and questions of fact and law in the MDL Court.
The master complaint consolidates charges that are shared by all of the cases filed against Cook Medical. The master saves money and time for the courts, plaintiffs, their attorneys and the defense. Though each case presented to a jury will eventually be decided by its own individual facts and merits, any cases filed with the consolidated complaint also shares basic charges brought forth by plaintiffs.
The Consolidated Complaint filed for Cook IVC Filter Cases includes the charges:
• Cook IVC Filters are associated with, and cause, an increased risk for serious injury and death as a result of adverse events including: tilting, perforation, fracture, breakage, migration.• Cook failed to act as to the known failures and injuries associated with its devices and/or failed to warn about and concealed, suppressed, omitted, and/or misrepresented the risks, dangers, defects, disadvantages of its IVC Filters.
• Cook negligently advertised, labeled, promoted, marketed, sold and/or distributed its IVC Filters as safe when Cook had reason to know, and/or did know, that its IVC Filters caused serious injury and death.
• Cook is and was strictly liable for injuries caused by its IVC Filters because the devices are unreasonably dangerous and not accompanied by adequate warnings.
Factual Background
The petition charges include these allegations:
• A review of 130 Cook Gunther Tulip Filters and Cook Celect filters retrieved July 2006 – Feb. 2008 resulted in 33 failed retrievals due to significant endothelialization and caval penetration.
• A review of 115 patients implanted with a Cook Celect IVC filter from Dec. 2005 – Oct. 2007 showed “[f]ailed retrieval secondary to hook endothelialization continues to be an issue.”
• A review of 73 Celect IVC filter patients showed a high incidence of caval filter leg penetration.
• A review of Gunther Tulip and Celect IVC filters implanted July 2007 – May 2009 showed that one-hundred percent (100%) imaged after 71 days of implant caused some degree of filter perforation of the venal caval wall. (Reported by Cardiovascular Intrventional Radiology, March 30, 2011, journal-published April 2012.)
Cook IVC Filter Consolidated Complaint Filed
The complaints also lists six counts for a strict products liability claim: Failure to Warn, Design defect, Negligence, Negligence per se, Breach of Express Warranty, Breach of Implied Warranty.
Count VII covers Violations of Applicable State Law Prohibiting Consumer Fraud and Unfair Deceptive Trade Practices; VIII: Loss of Consortium (if appropriate); IX: Wrongful Death (if appropriate); X: Survival (if appropriate); XI: Punitive Damages.
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by Matthews & Associates
