7th Cir. Upholds Dismissal of Cook Medical IVC Filter Case as Time-Barred

CHICAGO — The 7th Circuit U.S. Court of Appeals has upheld dismissal of a Cook Medical IVC filter action, ruling that the claims are untimely because the plaintiff was aware of the cause of her alleged injuries in March 2013, when doctors told her the device was causing her pain.

In a July 30 opinion, the appellate panel concluded that because the plaintiff sued more than two years after becoming aware that the device injured her, and more than two years after the filter’s removal, her claims are time-barred under Ohio’s two-year statute of limitations.

Jessica Gehner was implanted with …