Cook IVC Filter Lawsuits

Cook IVC (Inferior Vena Cava) Filters are small devices designed to be implanted into the inferior vena cava—the large vein that carries blood from the lower half of the body back to the heart—to prevent blood clots from traveling to the lungs, which could result in a pulmonary embolism.

Individuals may choose to pursue legal action against the manufacturer, Cook Medical, if they experienced severe injuries potentially related to the use of Cook IVC Filters.

Some reported complications that might lead to litigation include, but are not limited to:

• Device migration, where the filter moves from its original placement site to other parts of the venous system or adjacent organs.
• Filter fracture, where parts of the device break and potentially migrate to the heart or lungs.
• Perforation of the inferior vena cava or other nearby tissues or organs by parts of the filter.
• Deep Vein Thrombosis (DVT), which is the very condition the filter is meant to prevent, as clots can form at the site of the filter.
• Recurrent pulmonary embolism despite the filter being in place.
• Difficulty retrieving the filter, which is particularly concerning with filters intended for temporary use.
• Infection at the implantation site or related to the device.

The product liability lawsuits allege that design defects in Cook IVC filter may have caused the filter to fracture and/or migrate, which may cause the perforation of an organ.

Cook IVC Filter Litigation Update [August 2024]

There are many new litigation developments relating to appeal decisions, more trials, and settlement claim categorization. If you may have a future Cook IVC filter lawsuit, or currently are a plaintiff, these could affect you.

Cook IVC Filter Settlement News

Judge Young has encouraged settlement discussions, but there have been no formal announcements of resolution. Some attorneys believe that recent developments, including the Case Categorization Forms (discussed below), will help the judge with settlement matters. There are about 7,500 cases pending.

Appeal Decision

There was a decision in Parton v. Cook Medical, LLC, No. 22-2256 (7th Cir. 2023). At issue was the definition of an “injury.” IVC filters can migrate and fracture, resulting in injured organs and the need for removal. Sometimes the filter may stubbornly lodge in the vena cava wall but not pose any immediate risk, although may pose future risk. The appeals court side-stepped the main issue and instead addressed the claim value. These suits are in federal court and plaintiffs must contend that their damages exceed $75,000.00. Otherwise, the lawsuit is filed in a state court.

To sort this out, Judge Young has asked all plaintiffs to submit “Claim Categorization Forms.” (See Below) Each plaintiff will now have the chance to explain the exact condition of the filter and related injuries, as well as certify the claim exceeds $75,000.00.

Case Categorization Forms

IVC filters fail in different ways and cause different injuries. The Form has seven categories. These range from “product-in-place” to wrongful death injuries. Medical records are attached to the form. Filters fail by fracturing, migrating and tilting. An injury can result in one or more repair surgeries. There are two types of surgeries:

1. “Open Surgery”: surgeons open your stomach or chest area. The surgeon removes the filter in a complicated procedure to extract the filter. This leaves a scar. These cases may be the highest settlement category.
2.  “Percutaneous ‘Perc’ removal”: An interventional radiologist enters a leg or neck vein with a catheter to retrieve the filter. The filter is hopefully collapsed into a sheath. If the filter is struck, you will be rescheduled for an open removal. The perc removal may get most of the filter out but fractured pieces may not be retrievable.

Gunther Tulip IVC Filter Trials

Cook’s first-generation retrievable filter is the Gunther Tulip Filter, released in 2000. A second-generation model known as the Celect was released in 2007. Judge Young has had test rials for the Celect filter. He now has expressed interest in Gunther Tulip trials. Plaintiffs are opposed to this because it will slow down settlement. This issue will be decided soon.

The Allegations Against Cook IVC Filters

There is ongoing litigation against Cook for injuries caused by their IVC Filters. Allegations include (but not limited to):

• Poor/defective design
• Presenting an unreasonable risk of migration of the device
• Presenting an unreasonable risk of perforation and damage to the vena cava wall
• Unreasonable and carless manufacturing
• Poor strength and structure integrity of design
• Failure to warn

Read more about information and potential defects of Cook IVC Filters HERE.