Ethicon Power Morcellator Lawsuits Name Johnson & Johnson And Its Ethicon Unit As Defendants And Allege That The Companies Failed To Disclose To Doctors And Their Patients That Morcellators Can Spread Undetected Cancer.
As power morcellator lawsuits continue to be filed alleging the robotic device can spread cancer during uterine surgery, Southern Med Law, the first to file a power morcellator lawsuit against Johnson & Johnson and Ethicon, has learned, through a CBS report, that the FBI is investigating whether Johnson & Johnson concealed the purported dangers of developing cancer after a power morcellation procedure from U.S. health regulators and the medical community, and how long they knew their Ethicon power morcellator surgical devices purportedly carried a cancer risk. Johnson & Johnson suspended sales of it’s surgical morcellators, worldwide, in wake of the U.S. Food and Drug Administration’s (FDA) warning in April of 2014 that the devices used in gynecological surgeries have the potential to spread undetected cancer cells. Court documents show that women have developed leiomyosarcoma after laproscopic hysterectomies using power morcellation. [pittsburgh.cbslocal.com/2015/06/15/fbi-investigating-johnson-johnson-over-morcellators/, June 15, 2015]
“We will closely watch the FBI’s investigation on Johnson & Johnson as we believe they knew about the cancer risks associated with its power morcellator device while it was still selling the devices,” says Dr. François Blaudeau, practicing OBGYN and founder of Southern Med Law, who filed the first morcellator cancer lawsuit in the United States. (Case No. 5:14-cv-1557, U.S. District Court, Eastern District of Pennsylvania)
Court documents indicate that laparoscopic power morcellators are used for cutting, shredding and removing the uterus (hysterectomy) or uterine fibroids (myomectomy) through small incisions in the abdomen. Unsuspected cancer cells are spread through the abdomen as the fibroid tissue is removed through the incision sites. Power morcellation lawsuits are being filed nationwide on behalf of women, or their survivors, who have been diagnosed with cancer or died, allegedly due to having a hysterectomy or myomectomy in which power morcellation was used. The morcellation complaints assert that power morcellator manufacturers, including Johnson & Johnson and itsEthicon unit, failed to warn health care providers and their patients about the cancer risks associated with their morcellators.
The law firm reports that after the FDA’s warnings in 2014, hospitals, including Cleveland Clinic, Brigham & Women’s Hospital in Massachusetts, and Massachusetts General Hospital, stopped using morcellators in surgery. Additionally, health insurance companies either stopped covering or restricted morcellation use. The law firm previously reported that UnitedHealth, the nation’s largest health insurer, began earlier this year to require doctors to obtain authorization from the insurance company before performing most types of hysterectomies. Aetna, the nation’s third largest insurer, will no longer cover morcellation use in a myomectomy and hysterectomy “in most circumstances.”
Dr. Blaudeau is currently serving as lead counsel in a power morcellator lawsuit filed by a Pennsylvania widower whose wife died of metastatic leiomyosarcoma, a rare and aggressive form of uterine cancer, in February 2013. According to the complaint, the woman had a minimally-invasive hysterectomy in March 2012 and received the cancer diagnosis nine days later. The morcellation complaint purports that the power morcellator “seeded” undetected cancer cells into her peritoneal cavity. The lawsuit alleges that power morcellation manufacturers LiNa Medical d/b/a LiNa Medical, Blue Endo and Johnson & Johnson’s Ethicon Inc. which are named as defendants in the lawsuit, knew of this cancer risk, but concealed the danger from U.S. health regulators and the medical community. (Case No. 5:14-cv-1557, U.S. District Court, Eastern District of Pennsylvania)
About Southern Med Law
Southern Med Law and Dr. François Blaudeau possess a unique understanding of the medical and legal questions at issue in power morcellator cancer lawsuit claims. It is this in-depth knowledge that is tantamount to a successful legal representation that protects the rights of the injured. The staff at Southern Med Law is not only trained in successfully handling your legal needs but also understand the pain and suffering and treatment from a medical point of view, and is committed to protecting the rights of all individuals.
Southern Med Law has successfully taken on some of the largest medical companies on behalf of their clients. If you or someone you love has had a hysterectomy using a power morcellator and has developed uterine cancer or leiomyosarcoma, contact Southern Med Law to discuss your legal rights regarding power morcellator litigation. The firms attorneys are always available and provide free legal consultations. You can call 1-205-547-5525 or visit www.southernmedlaw.com
Southern Med Law
Southern Institute for Medical and Legal Affairs
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Birmingham, AL 35203
Phone: (205) 547-5525
Fax: (205) 547-5526