New York, NY (PRWEB) May 12, 2014
As morcellator lawsuits (http://www.morcellatorlawsuit2015.com/) begin to be filed in the U.S., Bernstein Liebhard LLP notes that Canada’s health regulator has issued a new caution about the use of power morcellation in laparoscopic hysterectomy and other uterine surgeries. According to a notice sent to hospitals by Health Canada on May 7, 2014, the agency is concerned about the inadvertent spread of unsuspected uterine cancers associated with the use of power morcellators. As there exists no reliable way to detect uterine sarcoma preoperatively, Health Canada has advised hospitals to consider treatment alternatives that do not require power morcellation for women with symptomatic uterine fibroids.*
“Our Firm is beginning to hear from women in the U.S. who have allegedly experienced the spread of uterine sarcoma due to the use of power morcellators in laparoscopic hysterectomies and fibroid removals. This new alert from Health Canada is yet another reminder of the risks potentially associated with these procedures,” says Bernstein Liebhard LLP, a nationwide law firm representing victims of defective drugs and medical devices. The Firm is now offering power morcellator lawsuit reviews to women who suffered uterine sarcoma or other cancers allegedly spread by morcellation.
Power Morcellator Lawsuits
The Health Canada alert comes just weeks after the Food & Drug Administration (FDA) issued a similar warning regarding power morcellation in the U.S. According to the April 17th notice, the FDA has determined that 1 in 352 women with uterine fibroids actually have undiagnosed uterine sarcoma. The frequency of undetected uterine leiomyosarcoma is 1 in 498. As such, the FDA is discouraging the use of power morcellation in laparoscopic hysterectomy and fibroid removal. The agency is also planning to convene an advisory panel meeting later this summer to further investigate the matter.
Since the FDA issued its alert, the Cleveland Clinic, Brigham and Women’s Hospital in Boston and several other U.S. hospitals have suspended or placed limits on the use of power morcellators pending further guidance from the agency.** Johnson & Johnson also announced that its Ethicon unit would temporarily suspend sales of power morcellators, including the Gynecare Morcellex device, the Morcellex Sigma Tissue Morcellator System, and the Gynecare X-Tract Tissue Morcellator, until the FDA completes its review.***
Court records indicate that at least two hysterectomy cancer lawsuits have already been filed in U.S. courts on behalf of women who allegedly experienced the spread of uterine cancer due to power morcellation. The first, which was filed in February in the U.S. District Court, Eastern District of Pennsylvania, followed the death of a 53-year-old woman who had undergone power morcellation less than a year prior. (Case No. 14 5557) A second case was filed on May 1st in the U.S. District Court, Western District of New York on behalf of a woman who blames uterine morcellation for the spread of cancer in her abdominal cavity. (Case 6:14-cv-06218)
Women who allegedly experienced the spread of uterine sarcoma or other uterine cancers due to 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 morcellation, please visit Bernstein Liebhard LLP's website. Free case reviews can also be obtained by calling 800-511-5092.
*healthycanadians.gc.ca/recall-alert-rappel-avis/hc-sc/2014/39409a-eng.php, Health Canada, May 7, 2014
**cleveland.com/healthfit/index.ssf/2014/04/surgical_tool_for_hysterectomy.html, Cleveland Plain Dealer, April 28, 2014
***reuters.com/article/2014/04/30/us-johnson-johnson-device-idUSKBN0DG06G20140430, Reuters, April 30, 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