7th Cir. Upholds Award of Summary Judgment to Cook in IVC Filter Case

  • Order

CHICAGO — A 7th Circuit U.S. Court of Appeals Panel has upheld dismissal of a Cook IVC filter action, affirming that the claims are barred by Nevada’s two-year statute of limitations.

In an April 10 order, the appellate panel rejected the plaintiff’s argument that she was not injured when she learned of a filter fracture and that a later, related injury triggered the limitations period. Those arguments are inconsistent with the allegations in the complaint, the panel found.

Nevada resident Patti Alfieri was implanted with a Cook IVC filter on Jan. 16, 2007, to prevent pulmonary embolisms.

On Sept. …


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