Cook Medical is litigating multidistrict litigation involving its inferior vena cava (IVC) filter product. Faegre Baker Daniels is representing Bloomington, Indiana-based Cook as national coordinating counsel and trial counsel in this matter, which involves Cook's Gunther Tulip and Celect IVC filter products.
In November 2017 in Elizabeth Hill v. Cook Medical LLC, the first bellwether test case involving Cook’s IVC filters, FaegreBD’s law team successfully argued against the plaintiffs’ failure to warn claim in pre-trial motions, leaving only the design claim for trial. The Evansville, Indiana, jury later unanimously concluded that the plaintiff failed to prove a defect in the plaintiff’s IVC Filter. The trial involved complex scientific issues and included examination and cross-examination of the former commissioner of the United States Food & Drug Administration, key medical experts in the fields of vascular surgery and cardiothoracic surgery, as well as company witnesses.
In the second bellwether case to reach judgment, a federal district court granted summary judgment in favor of Cook in Arthur Gage v. Cook Inc. The decision marked the second straight win for Cook in the litigation’s bellwether cases, which were selected by the Court to test the legitimacy of the plaintiffs’ claims.
Prior to the third bellwether trial in January 2019, Brand v. Cook Medical Inc., a judge in the Southern District of Indiana granted summary judgment on all but one of the plaintiff’s claims. While the jury returned a modest plaintiff’s verdict on compensatory damages, the jury denied plaintiff’s request for tens of millions of dollars in compensatory and punitive damages.
The Cook team also recently defeated class certification in Ontario, Canada.
As of May 2019, over 800 cases have been dismissed since FaegreBD took over the multidistrict litigation.