Louisiana Record

Tuesday, November 12, 2019

Alleged IVC filter defect causes man to seek damages against the manufacturers

By The Louisiana Record | Mar 30, 2016


BATON ROUGE – A man who allegedly faced complications after the implant of a medical device in his body is seeking damages from the manufacturer for the device's alleged defects.

Deandre Hayes and Shaynna Hayes filed a lawsuit on March 25 in the U.S. District Court for the Middle District of Louisiana against Cook Medical Inc., also known as Cook Medical Inc., Cook Inc., CookGroup Inc., and William Cook Europe APS over allegations of negligence and breach of express and implied warranty.

Defendants are the alleged designers, researchers, developers, manufacturers, marketers, distributors and sellers of a medical device called the Cook Celect Inferior Cava Filter, which is inserted in the inferior vena cava vein and is designed to filter blood clots and prevent pulmonary embolism. On June 2013, Deandre Hayes allegedly underwent surgery to implant Cook’s Cava Filter in his person. Shortly after, Hayes asserts that the device failed and doctors attempted to remove the filter but were unsuccessful. On or about March 29, 2015, Hayes was purportedly informed that the device would have to permanently remain in his body despite doctors’ recommendation that it be removed. He claims to be in and out of the hospital and experience pain in his heart or chest and severe anxiety due to defendants’ alleged defective device.

At all times, defendant has allegedly advertised the Cook filter as safe, effective, and temporary/retrievable. Hayes alleges that defendants negligently, willingly and unlawfully failed to disclose to doctors, patients, and the Food and Drug Administration about the risk involved with its filter and its inability to withstand the normal function cycles exerted by a person’s body. He claims to have suffered physical pain, permanent impairment, mental suffering, loss of companionship, loss of consortium and loss of society.

The Hayes are now suing for general, punitive, and special damages as well as the cost of the suit including attorney fees and any other reward deemed proper by the court. They are represented by Caleb H. Didriksen, Jeremy J. Pichon, Erin Bruce Saucier and Carl A. Woods from Didriksen, Saucier, Woods & Pichon APLC in New Orleans.

U.S. District Court for the Middle District of Louisiana Case number 3:16-cv-00197-BAJ-RLB

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U.S. District Court for the Middle District of Louisiana