IVC Filter Lawsuit Plaintiffs Claim Devices Are “Ticking Time Bombs” As They Await September 2016 Trials

June 29, 2016 – – TheProductLawyers.com reports on the claims made by plaintiffs that surgeons are unable to remove fractured pieces of IVC filters that have migrated to other more “high risk” areas of patients’ bodies after the initial surgical implantation into the inferior vena cava vein. Because the pieces are then able to remove the errant pieces, it creates future uncertainty for some patients who consider themselves “ticking time bombs” since the embedded pieces could potentially move again causing life-threatening damage and consequences.

Due to the fracturing of the devices and the inability to remove the pieces in some patients, many have filed federal lawsuits against Cook Medical with over 250 being filed so far with more expected in the coming months. Due to the number of cases and the similar allegations, the U.S. Panel on Multidistrict Litigation (JPML) has consolidated the cases into a multidistrict litigation (MDL) to expedite the litigation process. The MDL is being administered by a single court in the Southern District of Indiana. Plaintiffs and their attorneys, as well as attorneys for Cook, have been preparing for the start of the trials since the MDL was created. The first trials are scheduled to begin in September 2016.

Many plaintiffs are hoping for a settlement which would negate the need to go to trial. A settlement conference was scheduled before a U.S. Magistrate Judge where all the parties involved would convene and attempt to negotiate a settlement agreement. The initial March 2016 session was postponed and attorneys for Cook have asked for a subsequent postponement to allow for more preparation time and review of all the documents and research associated with the cases. Plaintiffs and their attorneys are anxiously awaiting word on a date for the rescheduled hearing.

For more information on IVC filters, to ask questions or to schedule a consultation, contact an attorney at Banville Law by calling (888) 997-3792.

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Banville Law
888-997-3792
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New York, NY 10023

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