Georgia Woman Awarded $3 Million in Bellwether IVC Filter Injury Case
Thousands of IVC filter injury lawsuits have been filed against Cook Medical, one of the country’s leading medical device manufacturers. The lawsuits allege, among other things, that some of the company’s IVC filter devices are defective and unreasonably unsafe. IVC filter recipients are demanding to be compensated for the injuries these devices have caused.
Recently, an Indianapolis jury awarded a Georgia woman $3 million in damages for injuries they believe were caused by a defective Cook Medical IVC filter device.
5,000 Cases Pending in Cook Medical MDL
Since so many similar lawsuits have been filed against Cook Medical, most have been consolidated into what is known as multidistrict litigations, or MDLs. In an MDL, cases from across the country are litigated in a single federal court before one individual judge. Consolidating cases into one court helps to make the process of litigation more efficient.
To date, more than 5,000 IVC filter lawsuits have been consolidated into an MDL in the District Court for the Southern District of Indiana.
Unlike a class action lawsuit, plaintiffs in an MDL retain the right to have their individual cases tried before a judge. In the early stages of an MDL, the strongest or most time-sensitive cases are litigated first. These early cases are known as bellwether trials. The results of bellwether trials often reflect the strength of the lawsuits.
Jury Awards Georgia Woman $3 Million in Bellwether Trial
In early February, jurors returned a verdict in the second bellwether trial in the Indiana MDL. The case involved a lawsuit filed by Tonya Brand, a Georgia woman who had received a Cook Celect IVC Filter in 2009. In her lawsuit, Brand claimed that the device deteriorated and fractured after it was implanted in her vein. She was able to remove part of the device from her thigh, but other fragments remained lodged in her body. Doctors advised that it was not safe the retrieve the fractured IVC filter.
The jury determined that Cook Medical’s IVC filter device was defective and awarded the plaintiff $3 million in damages.
The result of this early bellwether trial will likely affect how other cases in the MDL are resolved. If Cook Medical believes that other cases will have a similar result, the company may want to negotiate settlements with the remaining plaintiffs.
Patients Continue to File IVC Filter Lawsuits
IVC filters are supposed to prevent blood clots from traveling through the body and causing a pulmonary embolism. Unfortunately, many of these devices are fracturing, tilting, and moving the body after they’re implanted. As a result, patients are suffering a wide-range of adverse health effects, including internal bleeding and organ perforation. Many patients have also required revision surgery to remove the defective devices. These patients continue to file lawsuits against Cook Medical and other IVC filter manufacturers.
If you believe that you’ve been harmed because of a defective IVC filter device, you may be entitled to compensation. An experienced IVC filter injury lawyer can help you understand your rights. Contact Rosen Injury Lawyers for a free consultation today.