New York, New York (PRWEB) June 27, 2014
As it continues its investigation of hysterectomy cancer lawsuits (http://www.gynecaremorcellatorlawsuit.com/) on behalf of women who allegedly experienced the spread of uterine cancers due to power morcellators, Bernstein Liebhard LLP notes that opponents of the devices are preparing to testify about their experiences with uterine morcellation. According to a report published by The Wall Street Journal, those scheduled to testify next month during a two-day hearing of the U.S. Food & Drug Administration’s (FDA) Obstetrics and Gynecology Devices Panel include women who claim their cancers were spread by uterine morcellation, as well as the families of women who allegedly died from cancers that were worsened by power morcellators.*
Earlier this month, the LMSarcoma Direct Research Foundation urged those who may have been harmed by uterine morcellation to tell their stories to the FDA. The group, which is seeking a ban on the use of power morcellators in fibroid removal procedures, maintains that the FDA’s upcoming hearing will be the most important battle in the controversy surrounding uterine morcellation.**
“Since the FDA raised concerns about the risks associated with power morcellators in May, our Firm has heard from numerous women whose cancers were allegedly made worse by these devices. We are pleased that the FDA will be hearing from those most affected during its upcoming 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.
The FDA issued an alert in April that discouraged doctors from using power morcellators in laparoscopic hysterectomies and fibroid removal procedures. According to the agency, the devices, which cut tissue into small pieces so that it can be removed via an abdominal incision, may promote the spread of undetected uterine sarcoma and other cancer cells into a patient’s pelvic and abdominal cavity. About 1 in 350 women with fibroids have undiagnosed uterine cancers, and spread of the cells outside of the uterus greatly reduces a patient’s chances of long-term survival, according to the FDA.
When the FDA’s Obstetrics and Gynecology Devices Panel meets on July 10th and 11th, it will be asked to make recommendations on ways to mitigate the risks associated with uterine morcellation. According to The Wall Street Journal, the panel will consider whether the use of containment bags to catch tissue would reduce the risk of spreading cancer, and whether enhanced warning labels should be placed on morcellators. The Panel could also go so far as to recommend a ban on the devices. While the FDA isn’t obligated to act on any recommendations made by the Panel, it usually gives a lot of weight to its guidance.*
Cancer victims and their families are not alone in awaiting action from the FDA. Since the agency disclosed its concerns about uterine morcellation in April, Johnson & Johnson announced it would suspend sales of several power morcellators sold by its Ethicon, Inc. unit until the agency can provide further guidance on their use.*** A number of hospitals, including Brigham and Women's Hospital in Boston have stopped using the devices pending action from the FDA.****
According to court documents, a number of power morcellator lawsuits are now pending in U.S. courts, all of which were brought on behalf of women whose cancer was allegedly spread via uterine morcellation. Most recently, 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 seeding of uterine cancer cells throughout a woman's peritoneal cavity. (Case No. Case5:14-cv-02209-PSG)
Alleged victims of uterine sarcoma or other cancers spread via power morcellation may be entitled to compensation for their injury-related damages. To learn more about filing a morcellator lawsuit, please visit Bernstein Liebhard LLP's website. To obtain a free legal review, please call 800-511-5092.
*online.wsj.com/articles/showdown-for-surgical-tool-1402958775?KEYWORDS=morcellator, WSJ, June 16, 2014
**lmsdr.org/LMSeAlerts_June_2014.pdf, LMSAlerts, June 2014
***reuters.com/article/2014/04/30/us-johnson-johnson-device-idUSKBN0DG06G20140430, Reuters, April 30, 2014
****cleveland.com/healthfit/index.ssf/2014/04/surgical_tool_for_hysterectomy.html, Cleveland Plain Dealer, April 28, 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 States contingency fee cap rules generally limit those fees to 33 1/3% of the total recovery. As a result, the Firms 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 plaintiffs’ 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