The federal court overseeing hundreds of IVC filter lawsuits involving Cook Medical, Inc. has scheduled series of conferences in an attempt to settle the litigation. According to an Order issued in the U.S. District Court, Southern District of Indiana on March 7th, the three settlement conferences will take place this summer, prior to the start of bellwether trials in October.
Court records indicate that nearly 1,600 cases have been filed in the Southern District of Indiana on behalf of patients who allegedly suffered serious injuries due to Cook’s Celect and Gunther Tulip inferior vena cava (IVC) filters. According to RXInjuryHelp.com, these small, wire device are placed in the inferior vena cava in patients at risk for pulmonary embolism who are unable to use standard blood-thinning medications. Once in place, they are able to intercept blood clots that have broken free from other areas of the body before the clots can travel to the heart and lungs. The Celect and Gunther Tulip IVC filters are designed to be removed from the body once a patient is out of danger.
Individuals pursuing Cook IVC filter lawsuits claim that these devices pose an unreasonable risk to patients, as they are purportedly associated with high rates of fracture, migration, and organ perforation. Plaintiffs further allege that Cook Medical has long been aware that its blood clot filters are dangerous, and accuse the company of failing to provide doctors with adequate warnings about their risks.
According to the Court’s March 7th Order, the first Cook IVC filter settlement conference involving plaintiffs’ attorneys will take place on July 26th at 9:00 a.m. Counsel for defendants will be convened at a separate conference scheduled for August 4th at 9:00 a.m. Three days before each conference, the respective attorneys are to submit (1) a general statement regarding the status of the case, including the status of discovery and trial preparation; (2) a candid assessment of the strength and weaknesses of the litigation, with specific references to any evidence that supports this assessment; and (3) a proposed settlement framework.
A third follow-up conference for plaintiff’s counsel will be convened on August 9th at 9:00 a.m.
“The Magistrate Judge will keep in strict confidence the confidential settlement information relayed by the parties and their counsel,” the Order states. “In order for these settlement discussions to be meaningful, counsel for the parties and their counsel must realistically assess their settlement positions and litigations risks, and work with the Magistrate Judge in good faith to determine whether a settlement can be achieved. Unrealistic assessments, including posturing, will be of no value and should be avoided.”
Bernstein Liebhard LLP is offering free legal reviews to individuals interested in filing a Cook IVC filter lawsuit. To learn more, please call (888) 674-0093 to discuss your case with our legal team today.