STORY FROM: Drugs & Medical Devices

New Trial Ordered in Bellwether Cook IVC Filter Case

INDIANAPOLIS — An Indiana federal judge has ordered a new trial in a bellwether Cook Medical Inc. inferior vena cava filter action, ruling that one of the plaintiffs’ exhibits should not have been admitted because it constituted hearsay and severely prejudiced the defendant.

In a Jan. 6 order, Judge Richard L. Young of the U.S. District Court for the Southern District of Indiana said the exhibit detailed complaints of patient IVC-related deaths that did not involve the same circumstances as those in the instant case; therefore its probative value was minimal, and the prejudicial effect of its admission and related ...

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