STORY FROM: MDL Mass Tort & Class Action Monitor

Cook Medical Seeks Dismissal of Fraudulent Concealment Claims in IVC Filter MDL

INDIANAPOLIS — Cook Medical Inc. has moved to dismiss fraud claims asserted by plaintiffs in the IVC filter multidistrict litigation, arguing that they are not pled with the particularity required by Rule 9(b) and plaintiffs failed to plead all the elements necessary to establish fraudulent concealment.

In a June 19 motion filed in the U.S. District Court for the Southern District of Indiana, Cook contends that plaintiffs’ allegations are “indefinite and non-specific” and “provide none of the detail necessary to state a claim sufficient to toll the statute of limitations.”

Specifically, plaintiffs do not plead that Cook was aware of ...

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