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Motion to Delay Punitive Damages in Indiana IVC Filter Cases Denied

Published on Dec 7, 2015 at 3:31 pm in Product Liability.

In the continuing legal battle to bring justice to patients and family members whose lives have been negatively affected by complications caused by IVC filters, two IVC filter manufacturers are being held accountable: C.R. Bard and Cook Medical. While some Kentucky IVC filter lawsuits have been filed, during the past year, over 120 lawsuits have been consolidated and centralized in two different U.S. District Courts and are awaiting trial. The 100+ cases involving Cook Medical were centralized in the U.S. District Court for the Southern District of Indiana (MDL No. 2570 IN RE: Cook Medical, Inc., IVC Filters Marketing, Sales Practices and Products Liability Litigation) while the cases involving Bard IVC filters were consolidated in Arizona (MDL No. 2641, In Re: Bard IVC Filer Products Liability Litigation) earlier this year.  See our blog on the transfer here.


On December 3rd 2015, the U.S. District Court in Indiana refused the defendants’ request to delay discovery on punitive damages until after determination of any compensatory damages. The defendant in this case, Cook Medical, had hoped to bifurcate (divide) the IVC filter litigation into two legal phases entirely separate from one another, thus delaying the case and the right to justice and compensation for victims of IVC filter complications. Fortunately, the request was denied.  Trials for these cases are expected to begin in late 2016.

IVC filters created by both manufacturers are used to prevent blood clots in the inferior vena cava which is a major vein that carries blood to the heart. The filters are small, metal devices that look like tiny cages and are designed to keep blood clots from traveling to the heart and lungs. They’re designed to serve as permanent devices, but for the past 10 years, complications have resulted at an alarmingly high rate after the procedure has been performed.
According to a recent study, over 40% of patients who had the procedure done have experienced complications such as deep vein thrombosis, pulmonary embolism, cardiac tamponade (fluid buildup), severe pain, shortness of breath, respiratory distress, hemorrhage, and in worst-case scenarios, even death. The FDA now strongly recommends the removal of all retrievable IVC filters, but for some patients and family members of Kentucky IVC filter victims, that recommendation, unfortunately, comes a little late.

If you or someone you love has been a victim of any of the complications listed above as a result of an IVC filter insertion procedure, it’s not too late to get legal aid and potentially receive financial compensation. Thomas Law Offices is currently looking to help victims get back on their feet again by ensuring both manufacturers of these filters do the right thing and take the filters off the market for good. Justice is within reach. For more information or a free consultation, contact our offices today.

For more information on IVC filter injuries, click here.

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Tad Thomas - Trial Lawyer

Tad Thomas

Managing Partner

Tad Thomas has dedicated his practice to representing plaintiffs in various types of civil litigation, including personal injury, business litigation, class actions, and multi-district litigation.

After graduating with his law degree in 2000 from Salmon P. Chase College of Law at Northern Kentucky University, Mr. Thomas immediately opened his own private practice and began representing injury victims.

In 2011, Thomas Law Offices was established in Louisville, Kentucky. Over the past decade, Mr. Thomas has expanded his firm and now has offices in three additional locations: Cincinnati, Ohio, Columbia, Missouri, and Chicago, Illinois. He is also a frequent lecturer on topics like trial skills and ethics and technology.

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