Cook Medical IVC Filter Lawsuit | 2026 Latest Updates

Lawsuits over Cook IVC filters target the Cook Celect, Celect Platinum and Gunther Tulip devices. Plaintiffs allege design defects make them more likely to fracture, migrate, tilt or perforate the vena cava. Cook Medical disputes these claims. The cases are part of MDL No. 2570 in the Southern District of Indiana, where individual injury claims are pending. Judge Richard L. Young presides over the cases. No U.S. class settlement exists, but a court-approved Canadian class settlement does. Bellwether trials have ended in mixed results, and recent appeals have depended on filing deadlines. The defendants include Cook Medical Incorporated, Cook Group Incorporated and William Cook Europe ApS.

Latest Cook IVC Filter Lawsuit Updates

December 3, 2024: TCTMD Reports on Cook Celect Article

TCTMD reported that a new journal article used unsealed court records to examine the Cook Celect IVC filter [1]. The authors looked at how the device was tested and how its safety data were reported. Cook Medical said it disagrees with how the authors characterized the data. The company’s full statement appears under Reported Injuries or Damages.

November 19, 2024: Annals Publishes Article on Celect Filters

Annals of Internal Medicine published “Information Disclosure, Medical Device Regulation, and Device Safety: The Case of Cook Celect IVC Filters” by Kadakia and colleagues [2]. The article draws on unsealed documents from Celect filter litigation. Its main points appear under Reported Injuries or Damages, along with Cook’s response.

July 30, 2024: Seventh Circuit Upholds Cook Win on Filing Deadline

The Seventh Circuit upheld Cook’s win in one woman’s IVC filter lawsuit, Law360 reported [3]. It ruled that the suit was filed after the statute of limitations had expired.

June 27, 2023: Seventh Circuit Dismisses Two MDL Appeals

The Seventh Circuit dismissed two appeals over short-form complaints in the Cook IVC filter MDL, Mealey’s reported [4]. The appeals lacked the $75,000 amount in controversy.

August 12, 2021: Judge Dismisses Michigan Man’s Late Suit

An Indiana federal judge dismissed a Michigan man’s IVC filter suit against Cook, Law360 reported. The judge ruled the suit untimely under the statute of limitations.

October 27, 2020: Judge Asks for Narrower Bellwether List

The MDL judge asked Cook and the plaintiffs’ steering committee to narrow a list of possible bellwether cases, Law360 reported. Three earlier bellwethers had ended before trial.

January 10, 2020: Judge Orders New Trial in Bellwether Case

An Indiana federal judge ordered a new trial in a Cook IVC filter bellwether case, Law360 reported. The order undid a $3 million verdict the plaintiff won in February 2019.

February 4, 2019: Jury Awards $3 Million in Third Bellwether

An Indiana federal jury awarded a woman $3 million in the third bellwether case, Law360 reported. The jury found that the defectiveness of the company’s product was the reason for the woman’s injury.

December 7, 2018: Judge Grants Cook Summary Judgment on Most Counts

The MDL judge granted Cook summary judgment on most counts in the third bellwether case, Law360 reported. The judge found the implanting physician knew the risks. That case reached a jury in February 2019.

May 25, 2018: Houston Jury Rules for Plaintiff over Celect Filter

A Houston jury ruled for a plaintiff in a lawsuit over the Cook Celect filter, MassDevice reported [5]. Cook said it would appeal.

November 9, 2017: Evansville Jury Rules for Cook in First Bellwether

Cook Medical announced that an Evansville, Indiana jury returned a unanimous verdict for Cook in the first bellwether trial over its IVC filters [6]. The verdict followed a three week trial, and no damages were awarded.

October 17, 2016: Judge Picks Cook’s Choice for Second Bellwether

The MDL judge selected Cook’s pick for the second bellwether trial, Law360 reported. The judge found it more representative of the injuries and issues alleged.

What Is an IVC Filter?

According to the 2024 Annals article, the Cook Celect filter is “a medical device used for prevention of pulmonary embolism.” It is an inferior vena cava (IVC) filter. Cook also makes the Celect Platinum and the Gunther Tulip filters. A paper titled Providing Context: Medical Device Litigation and Inferior Vena Cava Filters notes that a retrievable filter can become permanent if necessary [7].

Who May Be Affected?

People implanted with a Cook Gunther Tulip, Celect or Celect Platinum vena cava filter may be affected. That includes people who later had a fracture, migration, tilt or perforation of the filter. The transfer order from the Judicial Panel on Multidistrict Litigation covered actions alleging those problems [8]. The Southern District of Indiana handles them as MDL No. 2570. The Canadian class covers people implanted in Canada on or before January 8, 2020. Its opt-out ended March 16, 2021, and the claim deadline was November 11, 2024. Whether you qualify takes an individual legal review.

Reported Injuries or Damages

TCTMD lists complications cited in the litigation: deep vein thrombosis, device migration, perforation, filter fracture, IVC occlusion and pulmonary embolism. Cook says fracture and perforation are extremely rare. These are allegations, not findings. Kadakia and colleagues wrote that the Celect study protocol did not follow FDA guidance for testing. They say adverse events and patient deaths were misreported to FDA reviewers. They also say the events were inaccurately reported in the published literature and on the device label. TCTMD adds that FDA reviewers identified perforation in 15% of the filters in the first review. TCTMD also reports that the 2009 study behind the expanded Celect indication had no control group. It reported two device-related deaths that the FDA summary does not mention. Cook told TCTMD that the authors’ portrayal of the data is “a litigation-driven representation of a technology that has helped countless patients around the world.”

Recall and Regulatory Background

TCTMD says the Celect “was never removed from the market.” FDA safety notices in 2010 and 2014 said some adverse events may have come from how long the devices stayed in place. For the wider picture on IVC filter risks, removal and lawsuits against other makers, see our IVC filter lawsuit overview.

Evidence to Preserve

Keep these items. They help show which filter was implanted and what followed:

• The filter name, model and lot number from your implant record or device card.
• The implant date and the name of the hospital that placed the filter.
• Surgery notes and scans that show where the filter sat over time.
• Records of any removal attempt, fracture, migration or perforation of the filter.
• Medical bills and records of any follow-up or corrective procedures.
• Photographs of your injuries, scars or recovery after the filter problem began.
• Letters, emails and other messages with your doctor or Cook about the filter.

Filing Deadlines

State law sets filing deadlines. Where you live matters, and so does when the injury and diagnosis happened. A missed deadline can end a claim, even a strong one. Speak with a lawyer soon so your dates are checked against the rules that apply to you and your state.

Potential Compensation

Damages can include medical expenses, lost income, pain and suffering and the cost of removal or corrective procedures. What applies depends on the facts. The Ontario Superior Court of Justice approved a Canadian class settlement in Kuiper et al. v. Cook (Canada) Inc. et al. The notice describes up to $54,000 CAD for a qualifying fracture claimant. It describes $81,000 CAD for a qualifying death claimant and $169,500 CAD for a qualifying open surgery claimant. Compensation amounts vary by case. Past results do not guarantee future outcomes. Each person’s records and diagnosis shape any potential compensation.

Frequently Asked Questions

How Many Cases Are in the Cook IVC Filter MDL?

The Cook IVC filter MDL had grown to 156 individual cases as of November 2, 2015, according to the paper Providing Context. It began with 27 actions from eleven districts that the Panel centralized.

Do IVC Filters Have to Be Removed?

Whether IVC filters have to be removed is a decision for the treating doctor. Recommendations say retrievable filters should come out as soon as feasible. The SAFE-IVC study with the FDA found that only 15% of patients have them taken out.

What Does the Research Say About Cook IVC Filters?

Research on Cook IVC filters includes a November 2024 Annals of Internal Medicine article by Kadakia and colleagues on the Cook Celect. The authors drew on unsealed litigation documents, and Cook says it disagrees with how they characterized the data.

Did Cook Admit Fault in the Canadian Class Settlement?

Cook did not admit fault in the Canadian class settlement. The court-approved notice says Cook denies liability whatsoever and the court did not decide who was right. Payments are reduced pro rata above $4,062,720 CAD.

References

1. https://www.tctmd.com/news/ivc-filter-lawsuits-expose-holes-fda-oversight-and-public-communication
2. https://www.acpjournals.org/doi/10.7326/ANNALS-24-00089
3. https://www.law360.com/cases/543edda1b5ffec44dc000001/articles
4. https://www.mealeys.com/mealeys/articles/1693375/7th-circuit-cook-ivc-filter-short-form-mdl-complaints-fall-short-on-jurisdiction
5. https://www.massdevice.com/cook-medical-loses-houston-based-ivc-suit-plans-to-appeal/
6. https://www.cookmedical.com/newsroom/cook-medical-wins-favorable-verdict-in-ivc-filter-litigation-commits-to-continued-f
7. https://pmc.ncbi.nlm.nih.gov/articles/PMC4862861/
8. https://www.insd.uscourts.gov/sites/insd/files/MDL%202570%20Transfer%20Order.pdf