Plaintiffs Await Word On New Settlement Conference Date As IVC Filter Lawsuit Cases Continue To Arise

June 27, 2016 – – TheProductLawyers.com reports on the number of federal lawsuits filed against Cook Medical and the IVC filters the company manufacturers. Plaintiffs filing suit have claimed that the devices are defective in that they can migrate from their initial insertion point in the patient’s inferior vena cava vein. The inferior vena cava transports blood from the legs to the upper body. The small, cage-like device is meant to be used temporarily, and it is placed in the inferior vena cava to catch blood clots that can potentially travel to the heart and lungs thus causing a pulmonary embolism. The clot dissipates on its own once in the IVC filter. Once the threat of blood clots has passed the filter should be removed to prevent further health issues.

The allegation at the center of most lawsuits is that the filters can fracture and the pieces can then travel through the patient’s bloodstream potentially puncturing veins, and even become embedded in the intestines and other vital organs. In some patients the pieces cannot be surgically removed because they have migrated to areas of the body where surgery cannot be performed, potentially causing more damage.

The federal lawsuits have been consolidated into a multidistrict litigation (MDL) that is being overseen by a court in the Southern District of Indiana. Initial cases are scheduled for trial in September 2016 and patients and attorneys are preparing for their day in court. Some are hopeful that a settlement can be reached.

A settlement conference was scheduled for March 2016 where the plaintiffs and Cook Medical could negotiate a potential settlement before a U.S. Magistrate Judge, thus negating the need for a trial. However, Cook Medical had requested a postponement to allow for more time to prepare and complete more research on the devices. If a settlement is not reached, the trials will proceed.

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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