The Wall Street Journal article highlights the importance of informing patients about these risks before they consent to uterine morcellation.
New York, New York (PRWEB) May 22, 2014
As it continues its investigation of morcellator lawsuits (http://www.morcellatorlawsuit2015.com/), Bernstein Liebhard LLP notes the publication of a new report which illustrates how awareness of the cancer risks associated with uterine morcellation may save lives. In an article published on May 22nd, The Wall Street Journal told the story of one woman whose awareness of these dangers may have prevented the spread of an undiagnosed uterine cancer during her minimally-invasive hysterectomy. Though her physician believed she faced minimal risks from the procedure, he agreed to forgo using a power morcellator during the surgery once she voiced her concerns.*
After the procedure, the patient’s pathology report revealed that a type of uterine sarcoma called endometrial stromal sarcoma had been present in her uterus. While she now shows no signs of cancer, her doctor acknowledged to The Wall Street Journal that using a power morcellator during her surgery would “have ultimately been much worse for her prognosis."
“Our Firm has heard from numerous women who were unaware that a power morcellator could potentially spread undetected cancer cells during a laparoscopic hysterectomy. The Wall Street Journal article highlights the importance of informing patients about these risks before they consent to uterine morcellation,” says Bernstein Liebhard LLP, a nationwide law firm representing victims of defective drugs and medical devices. The Firm is now offering hysterectomy cancer lawsuit reviews to women who suffered uterine sarcoma or other cancers allegedly spread by morcellation.
Power Morcellator Lawsuits
Power morcellators are used during minimally-invasive hysterectomies and fibroid removals to shred tissue so that it may be removed from the body through a small abdominal incision. An alert published by U.S. Food & Drug Administration (FDA) on April 17, 2014 discouraged doctors from using the devices in laparoscopic hysterectomy and fibroid removals, because of the risk that they could promote the spread of undetected uterine sarcomas and other cancers. Roughly 1 in 350 women who undergo fibroid removal may also suffer from undiagnosed uterine cancers, the FDA said.
A number of power morcellator lawsuits filed on behalf of women whose cancer was allegedly spread by power morcellation are now pending in U.S. courts that allege the manufacturers of these devices failed to provide adequate warnings about their risks. 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)
The FDA’s review of power morcellators is ongoing, as the agency is scheduled to convene a meeting of its Obstetrics and Gynecological Medical Device Advisory Committee later this summer to discuss the matter. In the meantime, Johnson & Johnson’s Ethicon unit announced it would suspend sales of its Gynecare Morcellex. Morcellex Sigma Tissue Morcellator System, and Gynecare X-Tract Tissue Morcellator products pending further guidance from the FDA.** A number of hospitals, including the Cleveland Clinic, have also moved to bar or limit the technique until the FDA completes its review.***
Women who allegedly experienced the spread of uterine cancer due to a power morcellator may be entitled to compensation. To learn more about filing a hysterectomy cancer lawsuit, please visit Bernstein Liebhard LLP's website. Free case reviews can also be obtained by calling 800-511-5092.
*online.wsj.com/news/articles/SB10001424052702303749904579576231691850334, The Wall Street Journal, May 22, 2014
**reuters.com/article/2014/04/30/us-johnson-johnson-device-idUSKBN0DG06G20140430, Reuters, April 30, 2014
***cleveland.com/healthfit/index.ssf/2014/04/surgical_tool_for_hysterectomy.html, 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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