STORY FROM: MDL Mass Tort & Class Action Monitor

Ind. Federal Judge Dismisses Bellwether Cook IVC Filter Case as Untimely

INDIANAPOLIS — An Indiana federal judge has dismissed a bellwether Cook vena cava filter action as untimely, ruling that the plaintiff’s product liability claims accrued after the statute of repose’s two-year extension window had closed.

In a March 31 order, Judge Richard Young of the U.S. District Court for the Southern District of Indiana further found that the plaintiff’s breach of warranty claims are barred by the state’s four-year statute of limitations.

David McDermitt was implanted with a Cook Tulip IVC filter in 2007 after developing a blood clot in his leg. More than years later, a CT scan allegedly ...

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