Power Morcellator Lawsuit News: Bernstein Liebhard LLP Notes New ACOG Statement on Use of Morcellation in Uterine Surgery

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The Firm is evaluating hysterectomy cancer lawsuits on behalf of women who allegedly experienced the spread of uterine sarcoma and leiomyosarcoma as a result of power morcellators used in uterine surgeries.

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The ACOG’s statement is just another reminder that morcellation during laparoscopic hysterectomies and fibroid removals may be associated with significant risks.

As the Firm continues to investigate power morcellator lawsuits (http://www.gynecaremorcellatorlawsuit.com/) on behalf of women who allegedly experienced the spread of uterine sarcoma and leiomyosarcoma due to uterine morcellation, Bernstein Liebhard LLP notes that the American College of Obstetricians and Gynecologists (ACOG) has released new recommendations regarding the use of power morcellators in gynecological surgeries. According to a report published by the group on May 9, 2014, the benefits of minimally invasive surgery must be balanced with the potential cancer risk from power morcellators. Among other things, the ACOG urged doctor to thoroughly discuss these risks and benefits, as well as alternatives to power morcellation, with their patients.*

“Numerous women whose uterine cancer was allegedly spread by power morcellation have contacted our Firm. The ACOG’s statement is just another reminder that morcellation during laparoscopic hysterectomies and fibroid removals may be associated with significant risks,” 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 spread by morcellation.

Power Morcellation Lawsuits
Power morcellators are used during laparoscopic hysterectomies and fibroid removals to shred tissue into pieces so that it can be removed via a small abdominal incision. Court documents indicate that at least two power morcellator lawsuits have been filed in U.S. courts that allege the use of these surgical instruments can promote the spread of undiagnosed uterine sarcomas. 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)

On April 17, 2014, the U.S. Food & Drug Administration (FDA) issued a health alert discouraging physicians from using power morcellators in minimally-invasive gynecological surgeries, due to the risk that such procedures may spread undiagnosed uterine sarcoma and leiomyosarcoma outside of the uterus. Such an occurrence significantly decreases a patient’s chance of long-term survival, the agency said.

In the wake of the FDA’s alert, Johnson & Johnson 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, pending further guidance from the agency.** Hospitals throughout the country, including the Cleveland Clinic and Brigham and Women’s Hospital in Boston, have suspended or placed limits on the use of power morcellators while the FDA continues to investigate the issue.***

Victims of uterine sarcomas or other cancers that were allegedly spread by a power morcellator may be entitled to file a hysterectomy cancer lawsuit against the manufacturer of the device used in their procedure. 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.

*acog.org/Resources_And_Publications/Task_Force_and_Work_Group_Reports/Power_Morcellation_and_Occult_Malignancy_in_Gynecologic_Surgery, ACOG, May 9, 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 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.

Bernstein Liebhard LLP
10 East 40th Street
New York, New York 10016

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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