BECKLEY – A Lynco man alleges he needed a second surgery because of the failure of a medical device.

Nicholas Hendricks filed a complaint Aug. 30 in Raleigh Circuit Court against Cook Medical LLC, Cook Inc., Cook Group Inc. and William Cook Europe APS alleging negligence.

According to the complaint, the plaintiff alleges that as a result of the implantation of the defendants' defective inferior vena cava filter in his body in 2009, he had to undergo a second surgery, resulting in additional medical expenses, lost earnings and other non-economic damages. 

The plaintiff holds Cook Medical LLC, Cook Inc., Cook Group Inc. and William Cook Europe APS responsible because the defendants allegedly carelessly manufactured a product that was insufficient in strength of structural integrity and designed a product that presented a risk of harm.

The plaintiff requests a trial by jury and seeks compensatory and punitive damages, pre- and post-judgment interest, attorney's fees and costs. He is represented by Timothy P. Lupardus of Lupardus Law Office in Pineville. The case has been assigned to Circuit Judge Andrew Dimlich.

Raleigh Circuit Court case number 17-C-483

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