On Friday, February 1, 2019, an Indiana federal jury awarded a plaintiff $3 million in compensatory damages in a bellwether Cook Medical IVC filter case after determining that the device was defectively designed. The verdict was handed down in the U.S. District Court for the Southern District of Indiana with Judge Richard Young presiding. A punitive damages phase in the case hasn’t concluded yet and could significantly increase the jury award.
IVC filters are small, metal cage-like devices that are implanted in the inferior vena cava to prevent a blood clot in the heart or lungs. The filters, however, allegedly have a design defect that can cause them to fracture, migrate within the body, or perforate other organs, which can cause serious injury or even death. Thousands of lawsuits have been filed against IVC manufacturers including Bard and Cook claiming that the devices are not only defective, but that the manufacturers wrongfully concealed the device’s health risks from patients and their doctors.
The lawsuits are part of MDLs in federal courts in Arizona and Indiana. An MDL is a type of legal proceeding that helps federal courts efficiently manage many similar cases filed in many different courts across the U.S. by allowing the temporary transfer of all of the federal civil lawsuits to one or more district courts for pretrial consolidation or coordination. Despite consolidation, however, each IVC case maintains its own individual identity. Bellwether trials are representative trials held in the MDL that are closely watched as they offer insights as to the strengths and weaknesses of the legal arguments advanced by both sides. (For more information about MDLs and bellwether trials, contact Borgess Law.)
How We Can Help:
If you or someone you love suffered breakage, migration, organ perforation, punctured veins, other complication, or death as a result of an implanted IVC filter, you may have a claim and you should be aware of the ongoing litigation.
Attorney Pamela A. Borgess, the founder of Borgess Law, LLC, has extensive experience with numerous national high-profile defective medical drug/device cases. Attorney Borgess will happy to discuss your legal options. For more information about the IVC lawsuits or to discuss a potential claim, contact Borgess Law at (567) 455-5955. You can also contact Borgess Law by submitting an online inquiry. Borgess Law never charges for initial consultations. We welcome any questions you may have.