Cook Medical’s Vein Filter Suit Tossed As Time-Barred

Law360 (March 12, 2018, 1:53 PM EDT) -- An Indiana federal judge on Friday tossed the second bellwether case in multidistrict litigation over alleged safety risks associated with Cook Medical Inc.’s vein filters, noting the patient allegedly injured by the filters should have brought the suit years earlier than he did.

U.S. District Judge Richard L. Young dismissed the remaining allegations because patient Arthur Gage waited too long to bring a claim for breach of the implied warranty of merchantability. This allegation, brought in 2014, should have been made within a year and a day of the product’s delivery in 2011, the court said, noting the claim for punitive...

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