Negotiations in Cook Medical IVC Lawsuits Fail to Reach Settlement

September 1, 2016 | Attorney, Matthew Dolman
Negotiations in Cook Medical IVC Lawsuits Fail to Reach Settlement

A meeting between Cook Medical and lawyers representing plaintiffs who have filed lawsuits against the company failed to produce a settlement for hundreds of pending nationwide claims.

At present, there are in excess of 500 product liability lawsuits pending in federal court, surrounding problems with Cook Celect and Cook Gunther Tulip IVC Filters. The filters are designed as retrievable devices implanted into the vena cava to capture blood clots from deep vein thrombosis traveling to the lungs and causing a pulmonary embolism. The allegations claim that the small wire traps can fail, tilt out of position or puncture the vein. Some cases claim the devices fracture, sending small bits of wire throughout the body.

Due to the similarity of all the claims, the federal cases throughout the country have been consolidated into a multidistrict legislation or MDL, for pretrial proceedings. All of the lawsuits have been centralized before U.S. District Judge Richard R. Young in the Southern District of Indiana. The purpose for the MDL is to reduce duplicative discovery, avoid conflicting rulings and avoid a log jam within the court system. The court scheduled a series of bellwether cases to help determine the response of juries to certain evidence and testimony that is expected to be a common thread within all the cases.

Prior to the commencement of the bellwether trials the court scheduled an IVC settlement conference in an attempt to negotiate a settlement for the claims between Cook Medical and the plaintiffs. According to a docket entry posted this week, attorneys serving as lead representatives for both parties met with U.S Magistrate Judge Tim Baker on June 27. The court indicates that the discussions were held, however, no settlement was achieved that would have affected over 500 IVC cases.

In the upcoming months, a series of bellwether cases are scheduled to be presented to juries. If no settlement is reached with Cook Medical prior to or following those test cases, hundreds of cases may be remanded back to the U.S. district courts, nationwide, as individual trials.

Filing an IVC Filter Suit

In addition to the cases involving Cook Medical, a great many similar IVC cases are pending in a separate MDL against C.R. Bard. These cases are before U.S. District Judge David G. Campbell in Arizona. Over the next year, bellwether cases are expected to commence in that litigation as well.

If you have had a Cook or Bard IVC filter implanted that resulted in serious complications it is important that you waste no time seeking the help of a personal injury attorney, experienced in cases involving defective medical devices. There are statutes of limitations in these cases, many of which are scheduled to expire quickly. Once the individual statute of limitations runs out, there will be no more opportunity to collect compensation for medical expenses, loss of income, pain and suffering and more.

Dolman Law Group Accident Injury Lawyers, PA is currently seeking those who have suffered serious side effects from the implantation of a Cook or Bard IVC filter. If you are one of those individuals, a product liability lawyer at Dolman Law Group Accident Injury Lawyers, PA would like to speak with you to discuss the possibility of filing a claim on your behalf. There is no cast or obligation to you and al information will remain confidential. To arrange a meeting with a highly qualified attorney simply call, 727-451-6900. Please do not wait as the time remaining to file your case is running out.
Dolman Law Group Accident Injury Lawyers, PA 800 North Belcher Road Clearwater, FL 33765 727-451-6900

Source: About Lawsuits (.com)


Matthew Dolman

Personal Injury Lawyer

This article was written and reviewed by Matthew Dolman. Matt has been a practicing civil trial, personal injury, products liability, and mass tort lawyer since 2004. He has successfully fought for more than 11,000 injured clients and acted as lead counsel in more than 1,000 lawsuits. Always on the cutting edge of personal injury law, Matt is actively engaged in complex legal matters, including Suboxone, AFFF, and Ozempic lawsuits.  Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving individual cases in excess of $1 million and $2 million, respectively. He has also been selected by his colleagues as a Florida Superlawyer and as a member of Florida’s Legal Elite on multiple occasions. Further, Matt has been quoted in the media numerous times and is a sought-after speaker on a variety of legal issues and topics.

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