Hundreds of people who have filed legal claims alleging they have been injured by failed inferior vena cava (IVC) filters have been considering Cook Medical’s talks of settlements. However, U.S. Magistrate Judge Tim Baker and attorneys for both the medical device manufacturer and patients were unable to find common ground to reach a settlement. The meeting ended “without further order.”
If the negotiations regarding the settlements fail, then the lawsuits filed by the patients claiming injury related to the IVC filters will go to trial.
As of Aug. 15, the number of federal lawsuits in the Multi-District Litigation (MDL) against Cook Medical has reached 818 in number. The MDL is being handled in Indiana federal court. The first suits have already been selected for bellwether trials in 2017.
One of the main accusations against Cook Medical is that it significantly downplayed the risks associated with IVC filters. In a recent study published by the Journal of Vascular and interventional radiology, 43 percent of the Celect filters made by Cook Medical perforated the vena cava wall within two months.
The other IVC filter model made by Cook Medical is the Gunther Tulip, which has been linked to a high number of injuries, as well.
At the University of California in San Francisco a study was conducted to test the “incidence, magnitude, and impact” of the ability for a retrievable inferior vena cava (IVC) filter to be retrieved, and the impact of timely retrieval. Cook’s two main devices, the Gunther Tulip and Celect, were chosen for the study.
Medical records were used to identify 272 filters placed between July 2007 and May 2009. When 50 of those patients received a follow-up CT scan unrelated to the IVC filter, all patients showed “some degree” of vena caval perforation. In 20 of the 50 patients (40 percent), the filter was tilted, all of which had perforated the vein.