Ind. Federal Judge Dismisses 2nd Bellwether Cook IVC Filter Case as Untimely

INDIANAPOLIS - An Indiana federal judge has dismissed the second bellwether action in the Cook Medical IVC Filter federal coordinated docket, ruling that the remaining claims were untimely because they were filed more than three years after the device was delivered.

On March 9, Judge Richard L. Young of the U.S. District Court for the Southern District of Indiana further found the terms and conditions applicable to the sale of plaintiff Arthur Gage's IVC filter expressly disclaim the implied warranty of merchantability.

In the order, the judge explained that the terms and conditions limit the statute of limitations period for …