WHEELING — A Marshall County man is suing Cook Medical alleging that a medical device that was implanted in him caused him harm.
Cook Incorporated, Cook Medical Incorporated, Cook Group Incorporated and Cook Medical LLC were all named as defendants in the lawsuit.
Roy Eugene Butler claims a medical device manufactured by the defendants was surgically implanted in him by Dr. Xingyi Que at Wheeling Hospital in 2013 that was supposed to prevent recurrent pulmonary embolism, however, there is no evidence to support that the IVC filters in the defendants' products offer any clinical benefit to patients, according to a complaint filed in U.S. District Court for the Northern District of West Virginia.
Butler claims he has suffered serious injury as a result of the implantation of the filter, as it has perforated his IVC and some of the struts perforated his iliacus muscle.
"Plaintiff is at risk for future progressive perforations by the Celect filter which could further injure adjacent organs, blood vessels and structures, as well as fracturing of the IVC filter and migration of the Celect filter or pieces thereof," the complaint states.
Butler is seeking compensatory damages with pre- and post-judgment interest. He is represented by David R. Barney Jr. of Thompson Barney in Charleston.
The case is assigned to Federal Judge John Preston Bailey.
U.S. District Court for the Northern District of West Virginia case number: 5:21-cv-00055
