Summary Judgment For the 2nd Cook IVC Filter Bellwether Case

Summary Judgment For the 2nd Cook IVC Filter Bellwether Case

Introduction

In an order issued on December 5, Judge Richard L. Young of the U.S. District Court for the Southern District of New York granted summary judgment to Cook Medical Inc. on failure-to-warn claims in an IVC filter bellwether case filed by a Georgia resident.

The federal judge found that the plaintiff failed to prove that the device maker was at fault for not warning her surgeon about the risks of using the Cook Celect IVC filter. As per Judge Young, the evidence presented at the trial did not indicate that her surgeon relied solely on the device's instructions while treating her. Judge Young quoted, "The undisputed evidence reflects that the doctor (1) did not rely on the Celect 4 IVC filter’s [instructions for use], (2) already knew at the time of plaintiff’s implant about all of the complications plaintiff experienced, and (3) would not have treated plaintiff any differently even knowing now the complications that she actually suffered. Therefore, the plaintiff is unable, as a matter of law, to establish causation in her strict liability and negligent failure to warn claims.”

In 2014, the plaintiff filed a lawsuit against Cook claiming strict liability and negligent failure to warn, strict liability and negligent design defect, negligent manufacturing, negligence per se, breach of warranty, loss of consortium, and punitive damages. Cook sought a summary judgment to have the case dismissed. The plaintiff failed to respond to the company's bid to strike off the breach of warranty, negligent manufacturing, and loss of consortium claims, which was dismissed eventually by Judge Young. Now, the lawsuit comprises of only strict liability, negligent design defect, and negligence per se claims. This is the second IVC filter bellwether case to go for trial after a similar case was dismissed over the statute of limitation expiry in March 2018.