The Judicial Panel on Multidistrict Litigation (J.P.M.L.) has ordered the centralization of 27 actions alleging defects in Cook Medical’s inferior vena cava (IVC) filters before the Southern District of Indiana, where the company is headquartered. In re Cook Med., Inc., IVC Filters Mktg., Sales Practices & Prods. Liab. Litig., MDL No. 2570 (J.P.M.L., decided October 15, 2014). According to J.P.M.L., centralization will “serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation. The subject actions share factual issues arising from allegations that defects in the design of Cook’s [IVC] filters make them more likely to fracture, migrate, tilt, or perforate the inferior vena cava, causing injury.” So ruling, the panel rejected Cook’s claims that individual issues predominate, the actions involve different medical device models and allege different injuries, alternatives to centralization exist, and the “creation of a [multidistrict litigation] will encourage the proliferation of meritless claims against Cook.”
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Medical device claims centralized before Indiana federal court
USA October 23 2014
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