Cook IVC MDL Case Remanded To Avoid Severing Doctor, Allow ‘Empty Chair’ Defense

(January 16, 2018, 9:16 AM EST) -- INDIANAPOLIS — An Indiana federal judge overseeing the Cook inferior vena cava (IVC) filter multidistrict litigation on Jan. 11 remanded a case to state court, finding that the implanting doctor is an indispensable party to the case and that severing him would allow product liability defendant Cook Medical Inc. to use the “empty chair” defense in a solely federal proceeding (In Re:  Cook Medical, Inc., IVC Filters, No. 14-ml-2570, Berman-Cheung, et al. v. Cook Medical, Inc., No. 17-6076, S.D. Ind., Indianapolis Div.)....

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