7th Cir. Says Cook IVC Filter Cases Failed to Meet Amount-In-Controversy Requirement
June 26, 2023
CHICAGO — A 7th Circuit U.S. Court of Appeals panel has held that two cases alleging injuries caused by Cook Medical Inc. IVC filters must be dismissed for lack of subject-matter jurisdiction because neither satisfied 28 U.S.C. § 1332(a)’s amount-in-controversy requirement.
In a June 23 opinion, the panel found that while the record shows that both plaintiffs’ IVC perforations triggered bleeding, clotting, and scarring, it lacks evidence that they experienced pain or other symptoms at times relevant to the amount in controversy.
Further, while the evidence arguably establishes that plaintiff Teresa Sykes is at some risk of future …