Lead Counsel Ben C. Martin Secures Ground-breaking $3 million Verdict in IVC Filter Bellwether Trial
Just before midnight on February 1, after deliberating for over 10 hours, an Indianapolis jury found that the design of Cook Medical’s Celect IVC filter is defective and awarded the Ben Martan Law Group’s client, Tonya Brand, $3 million in compensatory damages. The verdict represents at least two firsts: it is the largest compensatory damages verdict in an IVC filter case of any kind, and it is the first time a jury has found an IVC filter design to be defective.
Ben C. Martin, who was lead counsel at trial and is Co-Lead counsel of the Multi-District Litigation (MDL) regarding Cook’s filters nationally, commented: “After years of litigation, it is extremely gratifying that the truth regarding the defective design of the Celect filter, and Cook’s misrepresentations regarding its safety, has finally come out. I am proud of my client Tonya Brand for having the courage to see this through. I look forward to securing justice for all of my clients going forward.”
Mr. Martin emphasized that it is very important for patients who have IVC filters to talk to their doctors about the status of their filters making certain it has not perforated the vein, broken apart, and moved throughout the body. That is exactly what happened to Tonya Brand. A piece of her Cook filter came out of her thigh while she was at home watching television with her son. After that, Mrs. Brand had an open surgery to remove the rest of the filter, but two pieces remain in her body to this day.
Ms. Brand said of the trial: “I watched Ben and the entire trial team work day and night for a month to achieve this verdict. I am so grateful to them for their efforts.”
Over five thousand cases have been filed and remain pending against Cook in the federal MDL.
If you suspect you have a defective IVC filter implant and need legal representation, contact us now by filling out the contact form or calling us at 214.761.6614.