STORY FROM: Drugs & Medical Devices
Cook Awarded Judgment on the Pleadings on Strict Products Liability, Warranty Claims in IVC Filter MDL
June 2, 2017
INDIANAPOLIS — The Indiana federal judge overseeing the Cook inferior vena cava filter multidistrict litigation has awarded the manufacturer judgment on the pleadings on strict products liability and breach of warranty claims, finding they are time-barred.
However, in the May 31 order, Judge Richard L. Young of the U.S. District Court for the Southern District of Indiana allowed two of the plaintiffs’ negligence and consumer fraud claims to proceed against Cook, finding they are not subject to Georgia’s 10-year statute of repose.
Cook Inc., Cook Medical LLC (f/k/a Cook Medical Incorporated), and William Cook Europe APS manufacture the Gunther ...