Products Liability Law Reporter

Tonya Brand, 45, was implanted with a Cook Medical Celect vena cava filter. Within two years, the filter deteriorated inside her body, causing parts of the filter to migrate to different areas, including her kidney, thigh, and spine. She underwent surgery to remove the broken filter; however, parts of it are irretrievable, including the piece near her spine. As a result, she lives with the fear that filter fragments will migrate further and puncture one of her organs or cause paralysis.

She and her husband, as part of the Cook Medical MDL, filed suit against Cook Medical, LLC, Cook Inc., and William Cook Europe, alleging that the design of the Celect IVC filter was defective. The plaintiffs asserted that the Celect IVC filter perforates through the inferior vena cava at a much higher rate than other products and tends to break apart. The plaintiffs did not claim lost income or medical expenses.

The jury awarded $3 million.

Citation: Brand v. Cook Med., LLC, No. 1:14-cv-6018-RLY-TAB (S.D. Ind. Feb. 1, 2019).

Plaintiff counsel: AAJ members Ben C. Martin, Laura J. Baughman, Misty A. Farris, and Thomas W. Arbon, all of Dallas; AAJ member Denman H. Heard and C.J. Baker, both of Houston; AAJ member Joseph Williams, Indianapolis; AAJ member Robert M. Hammers Jr., Atlanta; and Mike Heaviside, Washington, D.C.

Plaintiff expert: Harlan Krumholz, IVC fracture rates and adverse events, New Haven, Conn.