7th Cir. Affirms Dismissal of Cook IVC Filter Case as Untimely Under Statute of Repose

  • Opinion

CHICAGO — A federal appellate panel has upheld dismissal of a Cook Inc. IVC filter action, ruling the plaintiff’s product liability claims are untimely under Indiana’s statute of repose.

In a March 2 opinion, the 7th Circuit U.S. Court of Appeals ruled that the statute was not tolled by Cook’s alleged fraudulent misrepresentations regarding the device’s risks.

Oregon resident Valerie Cortez alleges she was injured by Cook’s Gunter Tulip Vena Cava Filter, which was implanted on Dec. 14, 2006, to prevent pulmonary embolisms. Cortez filed a short-form complaint in the In re: Cook Medical, Inc. Filters Marketing, Sales Practices and …


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