Filing of Power Morcellator Lawsuit Against Brigham and Women’s Hospital, Karl Storz Draws Comment from Bernstein Liebhard LLP

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This state court case was filed on the same day federal morcellator lawsuit plaintiffs filed a motion seeking consolidation of their claims in a single federal court.

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It is notable that this case was filed on the same day that a number of federal morcellator lawsuit plaintiffs filed a motion seeking the consolidation of those cases in a single federal court.

A power morcellator lawsuit ( has been filed against Brigham and Women’s Hospital, along with Karl Storz GmbH & Co. KG. on behalf of a woman whose death from uterine sarcoma was alleged to be the result of uterine morcellation. According to court documentsl, the wrongful death lawsuit was filed June 18th in Massachusetts’ Suffolk Superior Court, and alleges that the decedent was not sufficiently warned about the potential for the procedure to spread and upstage undiagnosed uterine cancer. (Case No. 15-1829)

“It is notable that this case was filed on the same day that a number of federal morcellator lawsuit plaintiffs filed a motion seeking the consolidation of those cases in a single federal court. The federal lawsuits put forth many of the same allegations made in this complaint, including those involving the adequacy of the risk information provided to women before they made the decision to undergo uterine morcellation,” says Sandy A. Liebhard, a partner at Bernstein Liebhard LLP, a nationwide law firm representing victims of defective drugs and medical devices. The Firm has been retained by a number of clients who allegedly experienced the spread and upstaging of uterine cancers due to power morcellators, and continues to provide free legal consultations to women who were diagnosed with advanced cancer following uterine morcellation.

Power Morcellators and Cancer
Power morcellators are used in minimally-invasive hysterectomies and myomectomies (uterine fibroid removal) to shred tissue so that it may be removed via a small abdominal incision. Since April 2014, the U.S. Food & Drug Administration (FDA) has issued two public warnings regarding the potential for power morcellators to spread and upstage undetected cancer cells during such procedures, which can greatly worsen a patient’s prognosis. The FDA’s most recent warning, which was released in November 2014, cautioned against the use of power morcellators in the majority of women who require hysterectomy or myomectomy.

Court documents indicate that at least 22 morcellator lawsuits have been filed in federal courts throughout the U.S., all of which accuse device manufacturers of failing to provide adequate warnings about the potential for morcellators to spread and upstage uterine sarcomas and other cancers. On June 18th, six of these plaintiffs filed a Motion for Transfer with the U.S. Judicial Panel on Multidistrict Litigation (JPML) seeking to have these claims consolidated in a single federal court for the purposes of coordinated pretrial proceedings. (In Re: Power Morcellator Products Liability Litigation, MDL No. 2652)

“Consolidation of the federal claims would promote judicial economy by avoiding duplicative discovery and inconsistent ruling from different courts. The continued filing of these claims, as evidenced by the recent developments in Massachusetts, suggests that the federal plaintiffs are correct in their assertion that the parties involved would benefit from the type of consolidation they propose,” says Sandy A. Liebhard.

Women whose uterine cancers were allegedly spread via a power morcellator may be entitled to take legal action of their own. To learn more about filing a morcellator lawsuit, please visit Bernstein Liebhard LLP’s website, or call the Firm directly for a free, no-obligation case review at 800-511-5092.

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 National Law Journal has recognized Bernstein Liebhard for twelve consecutive years as one of the top plaintiffs' firms in the country. 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.

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ATTORNEY ADVERTISING. © 2015 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.

Contact Information:
Sandy A. Liebhard, Esq.
Bernstein Liebhard LLP

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