The First Cook IVC (Intra-Vena Cava) Filter bellwether trial started last week in Indiana
October 27th, 2017
The plaintiff’s case is underway in the first of three mass tort trials on whether Cook Medical Inc. is liable for selling a defective IVC filter that migrated through a blood vessel and punctured the plaintiff’s intestine.
“Defendants know its Cook filter was defective and knew that defect was attributable to the design’s failure to withstand the normal anatomical and physiological loading cycles,” the complaint states. The case is Hill v. Cook Medical, Inc., et al, 1:14-cv-6016.
It is the first bellwether (1), or test case, of 2,897 cases, including the plaintiffs that our firm represents, before US District Chief Judge Richard L. Young of the Southern District of Indiana in MDL 2570, IN RE: Cook Medical, Inc., IVC Filters Marketing, Sales Practices and Products Liability Litigation.
Read more about this case by clicking here:
In the law of torts (1) bellwether trial is a test case intended to try a widely contested issue. Bellwether trials are an increasingly common phenomenon in U.S. legal practice.
Bellwether trials are especially common in Multidistrict Litigation (MDL) practice, where many cases have been consolidated for purposes of discovery and pretrial matters. In these MDL cases, it is not practical to prepare every case for trial. Several matters are, therefore, selected as bellwether cases and prepared for trial. They are then settled or tried and the results are used to shape the process for addressing the remaining cases.
A bellwether trial is designed to achieve value ascertainment function for settlement purposes or to answer troubling causation or liability issues common to a universe of claimants. For the tried cases to achieve these purposes, it must be representative of all cases.