As Hysterectomy Cancer Lawsuits Mount, Bernstein Liebhard LLP Notes That More Hospitals are Forgoing Uterine Morcellation

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The Firm is investigating morcellator lawsuits on behalf of women who underwent hysterectomies or fibroid removals and allegedly experienced the spread of undiagnosed uterine sarcoma or other cancer due to a power morcellator.

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The fact that the FDA warning has also prompted so many hospitals to suspend these procedures just underscores how serious this matter is.

As hysterectomy cancer lawsuits ( continue to be filed in U.S. courts on behalf of women who allegedly experienced the spread of cancer due to uterine morcellation, Bernstein Liebhard LLP notes that more hospitals have taken steps to bar or limit the use of power morcellators in gynecological surgeries. According to a report from The Tampa Bay Times, a number of Florida hospitals, including Tampa General Hospital, BayCare Health System, and Bayfront Health St. Petersburg, have suspended the use of power morcellators in response to a recent warning from the U.S. Food & Drug Administration (FDA).*

“Since the FDA alert was issued in April, our Firm has heard from numerous women who were allegedly harmed by uterine morcellation. The fact that the FDA warning has also prompted so many hospitals to suspend these procedures just underscores how serious this matter is,” says Bernstein Liebhard LLP, a nationwide law firm representing victims of defective drugs and medical devices. The Firm is now offering free morcellator lawsuit reviews to women who may have experienced the spread of undiagnosed uterine sarcoma and other cancers due to uterine morcellation.

Hysterectomy Cancer Lawsuits
Power morcellators are used in minimally-invasive hysterectomies and fibroid removals to cut up tissue so that it can be easily removed through a small abdominal incision. In April, the FDA warned that the use of uterine morcellation might allow undiagnosed cancers to spread outside of the uterus. According to the FDA, it is estimated that 1 in 350 women undergoing fibroid removal have uterine sarcoma cancer cells in their fibroids. Unfortunately, uterine sarcoma is difficult to detect and is almost never discovered until after fibroids have been removed and biopsied. If the cancer is allowed to spread beyond the uterus, a woman’s chances of long-term survival will be greatly diminished, the FDA said.

Florida hospitals are not alone in their decision to suspend or limit uterine morcellation. The Pittsburgh Business Times reported on May 5th that Pennsylvania’s St. Clair Hospital had also taken that step.** Other hospitals that have made the same decision include Brigham and Women's Hospital in Boston and the Cleveland Clinic. According to The Cleveland Plain Dealer, these facilities are all waiting on more guidance from the FDA, which should come later this summer after the agency convenes an advisory panel meeting to discuss the issue.***

Court records indicate that several hysterectomy cancer lawsuits have already been filed in U.S. courts on behalf of women whose cancer was allegedly spread via uterine morcellation. Most recently, a case was filed in the U.S. District Court, Northern District of California on May 13, 2014 that claims the use of a Wolf Power Morcellator promoted the dissemination of uterine cancer cells throughout a woman's peritoneal cavity. (Case No. Case5:14-cv-02209-PSG) On May 1, 2014 a similar complaint was filed in the U.S. District Court, Western District of New York on behalf of a woman who blames uterine morcellation for the spread of leiomyosarcoma in her abdominal cavity. (Case 6:14-cv-06218). In February, the husband of a 53-year-old woman who died from uterine cancer less than a year after she underwent power morcellation filed a morcellator lawsuit in the U.S. District Court, Eastern District of Pennsylvania. (Case No. 14 5557)

Women who were allegedly harmed by uterine morcellation may be entitled to file a hysterectomy cancer lawsuit against the manufacturer of the power morcellator used in their surgery. To learn more about the risks potentially associated with power morcellation, please visit Bernstein Liebhard LLP's website. To obtain a free legal review, please call 800-511-5092.

*, Tampa Bay Times, June 7, 2014
**, Pittsburgh Business Times, May 5, 2014
***, Cleveland Plain Dealer, April 28, 2014

About Bernstein Liebhard LLP
Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993. As a national law firm, Bernstein Liebhard LLP possesses all of the legal and financial resources required to successfully challenge billion dollar pharmaceutical and medical device companies. As a result, our attorneys and legal staff have been able to recover more than $3 billion on behalf of our clients. The Firm has been named by The National Law Journal to the Plaintiffs’ Hot List, recognizing the top plaintiffs firms in the country, for the past 12 consecutive years. Bernstein Liebhard LLP is the only firm in the country to be named to this prestigious list every year since it was first published in 2003

Bernstein Liebhard LLP represents the victims of defective drugs and medical devices on a contingency-fee basis, and our clients are never expected to pay attorneys fees unless their case results in a successful recovery on their behalf. New York State’s contingency fee cap rules generally limit those fees to 33 1/3% of the total recovery. As a result, the Firm’s fees can be significantly lower than those assessed by attorneys in other states, which depending on the law may amount to as much as 40% or more of a plaintiff’s recovery.

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ATTORNEY ADVERTISING. © 2014 Bernstein Liebhard LLP. The law firm responsible for this advertisement is Bernstein Liebhard LLP, 10 East 40th Street, New York, New York 10016, 800-511-5092. Prior results do not guarantee or predict a similar outcome with respect to any future matter.
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Felecia L. Stern, Esq.
Bernstein Liebhard LLP

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