New York, New York (PRWEB) June 26, 2014
As morcellator lawsuits (http://www.gynecaremorcellatorlawsuit.com/) continue to mount in U.S. courts, Bernstein Liebhard LLP notes that a physician from Washington State has added her voice to those seeking a ban on the use of power morcellators in gynecological surgeries. According to a report posted on KGMI.com, Dr. Margaret Jacobson lost her sister to a cancer that she believes was spread as a result of uterine morcellation. Dr. Jacobson will ask the U.S. Food & Drug Administration (FDA) to ban such procedures next month, when the agency convenes a meeting of its Obstetrics and Gynecological Devices Panel to investigate the risk associated with power morcellators.*
“Our Firm is evaluating a number of potential legal claims on behalf of women who also experienced the spread of uterine sarcoma or other cancers, allegedly due to power morcellators. We are looking forward to next month’s FDA meeting,” 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.
Power morcellators are used to cut up tissue during minimally-invasive hysterectomies and fibroid removals so that it can be removed through the abdomen via a small incision. In April, the FDA issued an alert discouraging doctors from performing uterine morcellation, after the agency’s review found that the devices could promote the dissemination of undetected cancer cells from the uterus to the peritoneal cavity. The spread of these cancers outside of the uterus can greatly reduce a woman’s chances of long- term survival, the agency said.
The FDA’s Obstetrics and Gynecological Devices Panel, which is scheduled to meet on July 10th and 11th, has been asked by the agency to make a recommendation for mitigating the risks linked to power morcellators.** According to a recent report from The Wall Street Journal, those scheduled to give testimony during the meeting include individuals who lost loved ones to cancer. Like Dr. Jacobson, they plan to ask the FDA to ban uterine morcellation. However, a number of medical groups that still view power morcellators as an important tool will ask the agency to take a less drastic approach.***
While the FDA continues to mull this issue, court documents indicate that morcellator lawsuits continue to mount in U.S. courts. In February, for example, the husband of a 53-year-old woman who died from uterine cancer less than a year after she underwent power morcellation filed a hysterectomy cancer lawsuit in the U.S. District Court, Eastern District of Pennsylvania. (Case No. 14 5557). 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). Less than two weeks later, 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)
Victims of uterine sarcomas or other cancers that were allegedly spread by a power morcellator may be entitled to file their own hysterectomy cancer lawsuit against the manufacturer of the device. To learn more about the risks potentially associated with power morcellators, please visit Bernstein Liebhard LLP’s website. To obtain a free legal review, please call 800-511-5092.
*kgmi.com/news/007700-local-doctor-wants-fda-to-ban-surgical-tool/, KGMI.com, June 23, 2014
**gpo.gov/fdsys/pkg/FR-2014-06-09/html/2014-13290.htm, Federal Registry, June 9, 2014
***online.wsj.com/articles/showdown-for-surgical-tool-1402958775, The Wall Street Journal, June 17, 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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Felecia L. Stern, Esq.
Bernstein Liebhard LLP