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A Key Step In Pursuing Justice Against Morcellator Manufacturers

Dozens of families across the United States have taken a crucial step in their pursuit of justice against the makers of a medical device that has led to upstaged cancer and for many women, death. The United States District Panel on Multidistrict Litigation (MDL) transferred all claims against Ethicon, one of the leading makers of the power morcellator to the U.S. District Court for the District of Kansas before U.S. District Judge Kathryn H. Vratil. These claims, which will be heard in Kansas City, Kansas, allege that the makers of the power morcellator failed to adequately warn users of the risks involved with their device.

What Are Power Morcellator Claims?

For decades, surgeons used the power morcellator in hysterectomies and other surgical procedures, including the removal of uterine fibroids. The morcellator breaks body tissue into small pieces, facilitating its removal. While use of the power morcellator allows for a faster healing time, this device can have tragic side effects. For women with undiagnosed cases of leiomyosarcoma (LMS), or other uterine cancers, the use of the morcellator can be fatal. The morcellator spreads tissue throughout the abdominal cavity, including the unsuspecting cancer cells. Consequently, a Stage 1 uterine cancer can become Stage 4 in days or weeks after morcellation. Women who have upstaged cancer due to morcellation face extreme challenges and low survival rates.

Per the Food and Drug Administration (FDA), roughly 1 in 350 women are at risk for upstaged uterine cancer. Many medical device companies manufactured morcellators, including Ethicon, a subsidiary of Johnson & Johnson. Johnson & Johnson removed the morcellator from the market. Despite these steps, it is too late for many women and their families. Many other manufactures, like Karl Storz, are continuing to sell this medical device throughout the country.

Currently, there are at least 28 claims before Judge Vratil. Multidistrict litigation is similar to class action litigation, as the same judge will hear each case. Unlike class action litigation, however, in MDL each plaintiff will have the opportunity to resolve his or her claims individually.

Get In Touch With Our Law Firm

At Fay Law Group, P.A., our attorneys are leaders in the fight against medical device manufacturers that create dangerous or defective products. Our law firm represents one of the families in this action. We are strong advocates who have a full command of the legal, medical and factual issues in these cases. Contact our law firm to schedule a free consultation.

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