Attorneys Representing Cook Medical Seek Additional Preparation Time, As IVC Filter Lawsuit Plaintiffs Await Conference Date

June 29, 2016 – – TheProductLawyers.com reports on the status of the settlement conference related to the pending lawsuits against the Cook IVC filter. Initially, the conference was set for March 2016. The conference would have provided an opportunity for all parties involved in the litigation process to discuss and try to formulate a settlement proposal among each other before a U.S. Magistrate Judge. The March conference was pushed back once and Cook has allegedly asked for an additional postponement to allow its attorneys to undertake additional study and research. Plaintiffs that have filed lawsuits are anxiously awaiting word on when the settlement conference will take place and are hopeful that it will produce an agreement to prevent the cases from going to trial.

A common allegation made by plaintiffs is that the IVC filter is defectively designed and manufactured. The plaintiffs have made similar claims that the small, cage-like filters move from their initial surgical implantation sites in their inferior vena cava vein and have broken apart with the pieces migrating to other parts of the body that, in some cases, doctors consider “high risk,” thus not allowing for the removal of the pieces. Since the pieces cannot be removed, many patients consider themselves to be live time bombs, as the pieces could potentially move again causing life-threatening consequences.

At the present time, there have been over 250 cases filed that have been consolidated into a multidistrict litigation (MDL) by a decree of the U.S. Judicial Panel on Multidistrict Litigation (JPML). The MDL has been assigned to a sole court in the Southern District of Indiana. Due to similar allegations, the cases were grouped together to expedite their review in the legal system. Since the MDL was created, all parties involved have been preparing for the first trials expected to start in the early part of September 2016.

For more information on construction injuries, or for a consultation, contact an attorney with Lipsig, Shapey, Manus & Moverman at (646)-846-4496.

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