Cook IVC Filter Bellwether Trial Update

Introduction

Georgia resident's trial over defective Cook Celect Cava Filter is scheduled to begin on January 14, 2019, in the U.S. District of Arizona. In the complaint filed, the plaintiff stated that the filter broke and migrated to other parts in her body piercing her thigh. Ultimately, she got it removed surgically, but a part of the filter still remained embedded in her spine.

Cook Medical Inc. has been allowed to present testimony from a psychiatrist at the upcoming trial who disagrees with the allegations from the woman that the company's blood-clot filter caused her severe pain and emotional distress. On the other hand, U.S. District Judge Richard Young overseeing the federal litigation denied the company's plea to depose two doctors who acted as paid consultants to the plaintiff's expert scheduled to testify in the upcoming bellwether trial. The company filed a motion last week arguing that the plaintiff was unable to prove Cook's post-sale failure to warn conduct caused her injuries.

On May 24, 2018, a Texas jury ordered Cook Medical to pay $1.2 million to a plaintiff for serious injuries he suffered from the Cook Celect filter and for failure to warn about its hazards. Several Cook IVC filter lawsuits are centralized since October 2014 under MDL No. 2570 (IN RE: Cook Medical, Inc., IVC Filters Marketing, Sales Practices, and Products Liability Litigation), in the Southern District of Indiana.

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