New York, New York (PRWEB) May 06, 2014
A morcellator cancer lawsuit (http://www.gynecaremorcellatorlawsuit.com/) has been filed in New York federal court on behalf of a woman who claims the use of a power morcellator during a robotic hysterectomy caused the spread of an undetected uterine cancer, Bernstein Liebhard LLP reports. The complaint, which was filed in U.S. District Court, Western District of New York on May 1, 2014, names Ethicon Endo Surgery, Inc., as a Defendant. Ethicon, a unit of Johnson & Johnson, manufactures a number of power morcellators, including the Gynecare Morcellex Tissue Morcellator. (Case 6:14-cv-06218)
“Our Firm has received inquiries from a number of women whose alleged experiences with power morcellation echo the claims put forth in this lawsuit. We will be closely monitoring this case,” 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 associated with power morcellation.
Hysterectomy Cancer Lawsuit Allegations
Power morcellators are manufactured by a number of companies, and are used during robotic hysterectomies and other minimally invasive procedures to cut uterine tissue into small pieces so that it can be removed from the body through a small abdominal incision. According to the New York power morcellator lawsuit, the plaintiff underwent a robotic hysterectomy in September 2012, at which time she presented with no evidence of cancer. Following the procedure, the woman was told she had cancer. Among other things, the lawsuit alleges that Ethicon and other Defendants were aware of the risks associated with their uterine morcellation products, and failed to warn that the use of these devices during uterine surgery may promote the spread of undetected leiomyosarcoma, an aggressive form of uterine cancer, throughout the peritoneal cavity.
The filing of this lawsuit comes just after the U.S. Food & Drug Administration (FDA) issued an alert discouraging the use of power morcellation in hysterectomies and fibroid removals. According to the agency, 1 in 350 women undergoing fibroid removals may have undiagnosed uterine cancers, which could potentially be spread outside of the uterus if a power morcellator is used during the procedure. According to the April 17th announcement, the FDA will convene an advisory panel meeting this summer to further investigate this issue.
In the wake of the FDA’s alert, Johnson & Johnson announced that Ethicon would suspend sales of its power morcellators, including the Gynecare Morcellex device, as well as the Morcellex Sigma Tissue Morcellator System, and the Gynecare X-Tract Tissue Morcellator. According to a report published by Reuters, the company is waiting for further clarification from the FDA before it will resume sales of its morcellator products.*
Women who were diagnosed with uterine cancer that was allegedly spread by a power morcellator may be entitled to compensation from the company that marketed the device. For more information on the risks allegedly associated with power morcellation, please visit Bernstein Liebhard LLP's website. To obtain a free, no obligation hysterectomy cancer lawsuit review, please call 800-511-5092.
*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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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.
Felecia L. Stern, Esq.
Bernstein Liebhard LLP