As Power Morcellator Concerns Grow, Bernstein Liebhard LLP Notes Another Insurer’s Decision to Drop Coverage for Uterine Morcellation

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The Firm is evaluating legal claims on behalf of women who experienced the spread of uterine sarcoma and other cancers, allegedly due to uterine morcellation.

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Considering the potential health consequences for women with undiagnosed uterine cancers, we are not surprised that insurers are rethinking coverage for these surgeries.

As concerns surrounding the use of power morcellators ( in gynecological surgeries continue to grow, Bernstein Liebhard LLP notes that yet another insurer has announced plans to end coverage for uterine morcellation. According to a statement posted on its website last month, Harrisburg, Pennsylvania-based Capital BlueCross will end coverage of such procedures effective November 1, 2014. The insurer said its decision was prompted by concerns that a power morcellator may promote the spread of undiagnosed uterine sarcoma and other cancers, and pointed out that there are a number of alternatives to uterine morcellation. The notice urged patients to discuss those options with their doctor in order to avoid the devices until additional studies and testing are completed.*

“Capital BlueCross is just the most recent insurer to end coverage for uterine morcellation since federal regulators expressed concern about these procedures in April. Considering the potential health consequences for women with undiagnosed uterine cancers, we are not surprised that insurers are rethinking coverage for these surgeries,” says Bernstein Liebhard LLP, a nationwide law firm representing victims of defective drugs and medical devices. The Firm is now evaluating legal claims on behalf of women who may have experienced the spread of undiagnosed uterine sarcoma and other cancers due to uterine morcellation.

Power Morcellators and Cancer
Power morcellators are used in laparoscopic hysterectomies and fibroid removals to cut tissue into tiny pieces so that it can be easily removed through a small incision in the abdomen. In April, the U.S. Food & Drug Administration (FDA) warned that use of the devices in these types of procedures could spread undetected uterine cancer cells throughout a woman’s body. Dissemination of cancer cells outside of the uterus via a power morcellator can result in the upstaging of the disease, greatly reducing a patient's chance of long-term survival. According to the agency, roughly 1 in 350 women with fibroids has uterine sarcoma cells within that tissue.

Since then, a number of insurance companies have decided to stop covering gynecological surgeries that involve the use of a power morcellator. In August, Highmark, Inc., one of the nation’s largest Blue Cross/Blue Shield insurance companies announce it would end coverage of the procedures as of September 1st. ** In Massachusetts, Blue Cross-Blue Shield of Massachusetts, Harvard Pilgrim and Fallon Health have also limited their coverage of uterine morcellation.***

Alleged victims of uterine cancers that were spread via a power morcellator may be entitled to compensation for their injury-related damages. To learn more about filing a morcellator lawsuit, please visit Bernstein Liebhard LLPs website, or call the Firm directly for a free, no-obligation case review at 800-511-5092.

*, Capital BlueCross, August 2014
**, Reuters, August 3, 2014
***, Worcester Telegram, August 9, 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.

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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.

Contact Information:
Felecia L. Stern, Esq.
Bernstein Liebhard LLP

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