A federal jury in Indiana has ordered Cook Medical to pay $3 million in damages to Tonya Brand due to a defective inferior vena cava filter (IVC).
According to Mass Device, surgeons implanted brand with the Celect IVC prior to a spinal procedure. The Celect IVS is inserted into the vena cava to prevent a pulmonary embolism. In 2014, Brand claimed that a defect in the Celect IVC caused the device to fragment, sending pieces into her thigh and spine.
Brand filed a lawsuit claiming liability and negligent failure to warn. The judge later ruled that Brand only had cause for strict liability and negligent design. A federal jury ruled in Brand’s favor, awarding $3 million dollars while acknowledging Brand’s injuries were due to defective design of the medical device.
Cook Medical continues to support the use of the Celect IVC. The medical device company claims the IVC has a less than 1% chance of fracturing, emphasizing how the benefits of its use outweigh the risk.
Cook Medical was previously successful in two other court cases concerning their IVC devices.
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