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Jury Orders Cook Medical to Pay Woman $3M Over Defective IVC


 

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).

Information About the Liability and Negligent Design Lawsuit

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 Stands by the Celect IVC

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.

Medical Error Statistics

  • An estimated 210,000 – 400,000 deaths each year are associated with medical errors (British Medical Journal)
  • Only heart disease (614,348) and cancer (591,699) claim more lives each year in the United States than medical errors
  • The total medical malpractice payout amount for 2016 in the United States was $3.84 billion (Diederich Healthcare)

Contact an Experienced Medical Malpractice Lawyer

If you or a loved one have been injured due to a medical error, contact Thomas J. Henry. Our firm has a proven track record of winning large cases for severely injured clients for more than 25 years. Thomas J. Henry has the experienced medical malpractice lawyers and the legal and financial resources necessary to properly develop your case. Our dedication and determination is reflected in the record-breaking results we have helped our clients achieve.

Our firm has offices in Corpus ChristiSan Antonio, Austin, El Paso, and Houston, serving clients across Texas and nationwide. Call us today for a free case review — attorneys are available 24/7, nights and weekends.

 

 

 

 

 

 

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