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James Humann

MDL Court Denies Cook Medical’s Motion for Summary Judgment as to the Defective Design of its IVC Filter and Finds that Defendants Argued the Wrong Law 

With less than two weeks before the start of the first bellwether trial in the Cook Medical IVC multidistrict litigation, on October 10, 2017, the Court issued an Order denying Defendant Cook’s Motion for Summary Judgment as to negligence and strict liability design defect claims. The denial was at least partially due to the Defendant’s arguing the wrong legal standard under Florida law.

James Humann

MASS TORT UPDATE: District Court in Cook IVC Filter Litigation Denies Defendant’s Appeal to Block the Deposition of its Former President

The District judge held that a review of the sealed documents shows Cook’s former president was involved with the “strategic decisions regarding the enhancement of the Tulip filter and the development of the Celect filter to increase market share. … Most importantly, the documents reflect that he was aware of the risk that both IVC filters could perforate the wall of the vena cava.”

James Humann

COOK IVC FILTER UPDATE: Court Issues Third Amended Bellwether Trial Plan

With the recent $417 million dollar jury verdict against Johnson & Johnson in the California suit alleging the company’s talc-based baby powder causes ovarian cancer, many in the legal community will be closely watching the Cook IVC bellwether trials which […]

James Humann

Court Schedules Settlement Conferences for Cook IVC Litigation

The Cook Medical, Inc. IVC Filters Marketing, Sales Practices and Product Liability Litigation (MDL 2570) was established in the U.S. District Court for the Southern District of Indiana by the Judicial Panel of Multidistrict Litigation on October 15, 2014. Presently, […]