Cook Medical Awarded Summary Judgment on Warning Claims in IVC Filter Bellwether Case
December 10, 2018
INDIANAPOLIS — An Indiana federal judge has awarded Cook Medical Inc. summary judgment on failure-to-warn claims in a bellwether case involving its Celect IVC filter, ruling that the plaintiff failed to prove that the device maker inadequately warned her surgeon of the risks.
In a Dec. 5 order, Judge Richard L. Young of the U.S. District Court for the Southern District of Indiana found the evidence establishes that the plaintiff’s surgeon did not rely on the device’s Instructions For Use, was already aware of the risks, and still prescribes the device to the present day.
Georgia resident Tonya Brand suffers …