7th Circ. Revives 2 Cook Medical Vein Filter Suits

By Mike Curley (December 17, 2021, 2:50 PM EST) -- The Seventh Circuit has sent back to court a pair of cases in multidistrict litigation surrounding Cook Medical LLC's inferior vena cava filters, saying Cook can't demand that the cases use Indiana's statute of limitations after previously allowing the MDL to use statutes of the plaintiffs' home states.

In a precedential opinion filed Thursday, the three-judge panel reversed the dismissal of claims brought by Victoria Looper and Sammie Lambert, saying it's unfair to allow Cook to retroactively revoke its implied consent by applying Indiana's two-year limit as opposed to the South Carolina and Mississippi three-year statutes.

"Cook consented to this treatment...

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