Morcellator Cancer Lawsuit Claims Against Ethicon Will Transfer To MDL In Kansas

   

Southern Med Law Represents Women and Their Families In Morcellator Cancer Lawsuit Claims Alleging Power Morcellators Spread Undetected Leiomyosarcoma During Laparoscopic Hysterectomies.

power-morcellator-uterine-cancer-southern-med-lawA transfer order was recently issued to move all morcellator cancer lawsuit claims filed against Johnson & Johnson’s subsidiary, Ethicon Inc., to the U.S. District of Kansas . Power morcelaltor lawsuits accuse Ethicon of failing to warn doctors and their patients of the potential risks of spreading undetected uterine cancer during hysterectomies using power morcellation. (In Re: Power Morcellator Products Liability Litigation – MDL No. 2652)

The transfer order explains there are common factual questions in at least 28 of the morcellator cancer lawsuit claims filed against Ethicon. The court denied a request to create an industry-wide MDL that would include power morcellator manufacturers, Karl Storz, Richard Wolf, and Gyrus ACMI, who are also named in power morcellation lawsuits. The court stated that while these manufacturers have common issues, “differences among each defendant’s product design, development, testing, warnings, and marketing will predominate over the common issues.”

“While an industry-wide MDL would have included other power morcellator manufacturers, we are pleased that an MDL was created for Ethicon, which is the largest power morcellator manufacturer,” says Dr. François Blaudeau, the founder of Southern Med Law.

As morcellator cancer lawsuit claims continue to be filed there has been a growing concern that has led some doctors and hospitals to stopped performing robotic morcellation procedures. In April of last year the FDA warned doctors against using power morcellators. The FBI is investigating whether Johnson & Johnson knew about the cancer risks before taking its devices off the market. The FDA further issued a stronger warning in November 2014 that all but banned the use of power morcellators in the majority of women undergoing a hysterectomy or myomectomy. The GAO has also announced they will investigate the risks of laparoscopic morcellation.

Southern Med Law was the first to file a power morecallator lawsuit against LiNA Medical APS. Attoney Blaudeau also settled the case involving a women who was diagnosed with uterine cancer after a hysterectomy for an undisclosed amount. The firm, which is currently involved in uterine cancer morcellation lawsuits against Ethicon, believes morcellator makers knew about the potential risk to spread undetected uterine cancer and did not disclose this information to doctors and their patients.

In April 2014, the FDA discouraged doctors against using power morcellators due to the medical devices potential to spread cancer. Shortly after the FDA’s announcement, Johnson & Johnson suspended global sales of power morcellators. In May, the Wall Street Journal reported the FBI was investigating power morcellators and whether Johnson & Johnson knew about the cancer risks before taking its devices off the market. The FDA issued a stronger warning in November 2014 that all but banned the use of power morcellators in the majority of women undergoing a hysterectomy or myomectomy.
[wsj.com/articles/members-of-congress-call-on-gao-to-investigate-surgical-tool-1438978884, August 7, 2015]

Court documents indicate that morcellator cancer lawsuit claims have been filed 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 lawsuits purport that power morcellator manufacturers failed to warn about the cancer risks associated with their surgical devices.

Southern Med Law is a patient and consumer advocacy organization providing legal representation to the 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 the complex medical and legal questions at issue in all manner of product liability and personal injury claims. 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.

Southern Med Law
François M. Blaudeau, MD JD FACHE FCLM Esquire
2224 1st Avenue North
Birmingham, Alabama 35203
Phone: (205) 547-5525
Cell: 205-547-5525
Fax: (205) 547-5526
francois@southernmedlaw.com
www.southernmedlaw.com
Medical Negligence/MedicalDevice/Pharma/Qui Tam

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