31 Morcellator Cancer Lawsuits Currently Pending Against Ethicon In Federal Litigation

   

Southern Med Law Represents Women In Morcellator Cancer Lawsuits Alleging Ethicon’s Power Morcellators Spread Undetected Uterine Cancer During Surgery.

power-morcellator-uterine-cancer-southern-med-lawAs filings of power morcellator cancer lawsuits continue nationwide, court records show the number of claims filed in a federal litigation for Johnson & Johnson’s unit, Ethicon Inc., now stand at 31 complaints. Power morcellation lawsuits accuse laparoscopic power morcellator manufacturers, including Ethicon, Karl Storz, Richard Wolf, Blue Endo, and Lina Medical, of failing to warn about the potential for their medical devices to spread uterine cancer, including an aggressive form called leiomyosarcoma, during surgery to remove fibroids.

In October, 28 federally filed morcellator cancer lawsuits against Ethicon Inc. were consolidated and transferred to the U.S. District Court, District of Kansas. A request to add morcellator manufacturers, Karl Storz, Gyrus ACMI LP, and Richard Wolf, was denied because of the differences in the design of each manufacturers’ power morcellator. Pretrial proceedings for the complaints against Ethicon are currently underway in the Kansas court. Due to the declining health conditions of some plaintiffs, U.S. Magistrate Judge James P. O’Hara, approved a procedure in January that gives priority to cases in discovery involving women who are near death.
(In Re: Power Morcellator Lawsuit Litigation – MDL No. 2652)

Southern Med Law is currently involved in the federal litigation, having filed morcellation cancer lawsuits against Ethicon on behalf of two women who allege the company’s morcellators spread and upstage leiomyosarcoma uterine cancer when it was used during laparoscopic hysterectomies. The law firm also was the first to file a federal morcellator cancer complaint in 2014, which involved a 53-year-old Pennsylvania woman who died from leiomyosarcoma after undergoing a robot-assisted hysterectomy in March 2012. The lawsuit against morcellator manufacturers, LiNA Medical APS, Kebomed AB & LiNA Medical US, were settled for an undisclosed amount in July. (Case No. 5:14-cv-1557, U.S. District Court, Eastern District of Pennsylvania)

Ethicon was once the largest global power morcellator manufacturer until Johnson & Johnson pulled the devices off the shelf after the U.S. Food and Drug Administration (FDA) warned in April 2014 that the surgical tools have the potential to disseminate cancer throughout the peritoneal cavity during a hysterectomy (removal of the uterus) or a myomectomy (removal of uterine fibroids). After further review, the FDA in November 2014 all but banned the use of power morcellators in the majority of women undergoing fibroid removal due to the cancer risk.
[wsj.com/articles/johnson-johnson-to-call-for-voluntary-return-of-morcellators-1406754350, Wall Street Journal]
[fda.gov/MedicalDevices/Safety/AlertsandNotices/ucm424443.htm]

The FDA’s announcement set off a chain of events. Some of the nation’s largest health care insurers said they would no longer pay for medical procedures that involved power morcellators. In May, the Wall Street Journal reported that the FBI was investigating whether Johnson & Johnson knew that its device spreads cancer. In August, a 12-member Congressional group asked the Government Accounting Office to investigate power morcellators and the FDA’s response to complaints from morcellator cancer victims and their families who urged the agency to ban the surgical tool. In December, U.S. Rep. Mike Fitzpatrick (R-Pa.) called for the FDA to launch a criminal investigation into certain morcellator cancer deaths at hospitals in New York and Massachusetts.
[wsj.com/articles/members-of-congress-call-on-gao-to-investigate-surgical-tool-1438978884]
[massdevice.com/pa-rep-fitzpatrick-wants-fda-to-launch-criminal-probe-into-morcellator-deaths/, Mass Device]

About Southern Med Law and Filing A Morcellator Cancer Lawsuit Claim:

Southern Med Law is an experienced law firm providing legal representation to the men and women across the country who have been victims of negligent personal injuries, medical malpractice, dangerous drugs, faulty medical devices and defective products. Led by Dr. François Blaudeau, an attorney and a practicing obstetrician/gynecologist, the legal staff at Southern Med Law possesses a deep understanding of morcellator cancer lawsuits. They’re not afraid to take on the nation’s largest corporations in their pursuit of justice, and are committed to ensuring that all victims have access to the type of aggressive legal advocacy that assures success.

Contact:
Southern Med Law
François M. Blaudeau, MD JD FACHE FCLM Esquire
2224 1st Avenue North
Birmingham, Alabama 35203
Phone: 205-547-5525

Fax: 205-547-5526
francois@southernmedlaw.com
http://www.southernmedlaw.com

This entry was posted in Southern Med Law | Article. Bookmark the permalink.