An IVC filter injury attorney notes that patients who claim they were injured by Cook Medical IVC filters have requested that a federal court in Indiana reject Cook’s pitch to select another bellwether case, as the case is too similar to one already selected by the company. Patients argued that the newest bellwether case set for October 2017 is too similar to the first case. Affected patients and their families may be able to file a lawsuit with the help of an IVC filter lawsuit attorney.
For more information, contact Attorney Group today. We offer free, confidential, no obligation consultations. We can help answer your questions, and if you choose to pursue a case we can connect you with an affiliated IVC filter injury attorney who can assist you throughout the legal process.
Important: The time you have to pursue a claim is limited. Contact us for more information.
Similar Cases Could Allegedly Allow for Unfair Advantage
Patients involved in ongoing multidistrict litigation (MDL) involving Cook Medical Inc., maker of Celect IVC filters, requested that a federal court allow both parties to select the cases scheduled for upcoming bellwether cases. According to a report by Law360, Cook attempted to select a second bellwether case in a row featuring similar allegations made in a case the company had selected earlier. Patients argue that “favorable rulings may be easier to secure in a case with a ‘favorable’ fact pattern,” as the selection of similar cases could be unfair and that both parties should alternate case selection.
Complaints allege that Cook Medical did not disclose that physicians may not be able to remove the devices once they are no longer needed, or that the devices can break, migrate or damage the vein or surrounding organs. In 2010, after receiving over 900 adverse event reports involving the filters since 2005, the U.S. Food and Drug Administration advised health care professionals to be cautious of the alleged risks associated with the long-term use of the devices.
How an IVC Filter Injury Attorney Can Help
Medical device makers have a duty to provide safe products. If there are risks of harm associated with their devices, they also must provide adequate warnings. If a device maker fails to fulfill this duty, it could be held liable in lawsuits for injuries that may result.
People injured by defective IVC filters may be eligible to recover money for:
- Medical Expenses
- Lost Wages
- Pain and Suffering
The families of those killed may be eligible to recover money for funeral expenses and the pain that comes with losing a loved one.
The Time You Have to Pursue a Claim is Limited. Contact Us Today.
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Please note that the law limits the time you have to pursue a claim or file a lawsuit for an injury. If you think you have a case, you should not delay taking action.