A man in Baton Rouge, Louisiana, has filed a lawsuit regarding his IVC filter. He seeks damages from the device’s manufacturer for the alleged defects.
Deandre Hays and Shaynna Hayes filed a lawsuit in the U.S. District Court for the Middle District of Louisiana against Cook Medical Inc., Cook Inc., Cook Group Inc., and William Cook Europe APS. The lawsuit alleges negligence and breach of express and implied warranty.
The defendants in the lawsuit allegedly designed, researched, developed, manufactured, marketed, distributed, and sold the Cook Celect Inferior Cava Filter. The filter is inserted into the inferior vena cava and is designed to prevent pulmonary embolism.
Deandre Hays underwent surgery in June 2013 to have the filter implanted. Shortly after the insertion of the device, it failed and doctors attempted to remove the device. Attempts to remove the filter have been unsuccessful. Sometime around March 25, 2015, Hays was informed that the filter would have to remain within his person despite doctor’s recommendations that it be removed.
Hays claims that due to the device remaining in his system, he has been in and out of the hospital with pain in his heart and chest. He also claims to experience severe anxiety over the allegedly ineffective device.
The makers of the device have always maintained that the device is safe, effective, and removable. Attorneys for Hays allege that the manufacturers of the device failed to disclose to doctors, patients, and the Food and Drug Administration about the risk of the filter and the filter’s inability the normal function cycles of the human body.
Hays is claiming in his lawsuit that he has suffered from physical pain, permanent impairment, mental suffering, loss of companionship, loss of consortium, and loss of society. He is seeking general, punitive, and special damages including court fees, attorney fees, and other compensation as determined by the court.
If you have been injured or suffered an adverse health event due to the implantation of a defective IVC filter, you may be entitled to compensation. Contact the law offices of John Foy & Associates. The “Strong Arm” attorneys will work to get you the compensation you deserve. Contact us today.