Mounting Power Morcellator Lawsuit Filings Prompt Plaintiffs to Seek Federal Consolidation
With nearly two dozen power morcellator lawsuits now pending in federal courts around the U.S., a group of plaintiffs is seeking to have those claims consolidated in a single court. According to a Motion for Transfer filed with the U.S. Judicial Panel on Multidistrict Litigation on June 18th, the plaintiffs believe that the creation of an MDL for the federal docket will reduce duplicative discovery into common issues, avoid conflicting rulings from different judges, and serve the convenience of the witnesses, parties and courts.
Morcellator Cancer Lawsuits Pending in 16 Federal Courts
Court documents indicate that at least 22 morcellator lawsuits are currently pending in 16 federal jurisdictions, all of which involve allegation regarding the potential for the devices to spread undetected uterine cancer cells when they are used during minimally-invasive hysterectomies and myomectomies (uterine fibroid removal). Additional cases have been filed in various state courts, and the June 18th Motion asserts that numerous new filings are likely. Plaintiffs seek to have the federal docket centralized in the U.S. District Court, District of Kansas.
The morcellator litigation has been growing since late 2013, amid growing concerns regarding their potential to disseminate undiagnosed malignancies beyond the uterus, greatly worsening a woman’s prognosis. In April 2014, an alert issued by the U.S. Food & Drug Administration (FDA) discouraged doctors from using the devices in hysterectomies and myomectomies, after an agency review determined that one out of every 350 women undergoing surgery for symptomatic uterine fibroids may actually have unsuspected sarcoma.
In November 2014, the FDA issued an even stronger warning, which cautioned against the use of uterine morcellation in the majority of women who require hysterectomy or uterine fibroid removal. The agency also ordered morcellator manufacturers to add a new black box warning to their products’ labels regarding the possible dissemination of occult cancer cells.
Morcellator lawsuit plaintiffs claim that companies marketing these devices have long known about the risks associated with their products, but concealed the danger from the public and the medical community.
“Instead, Defendants’ strategy beginning in the early 1990’s has been to aggressively market Power Morcellators by falsely misleading potential users about the products and by failing to protect users from serious dangers which Defendants knew or should have known could result from the use of these products,” the June 18th Motion for Transfer states.
Morcellator Lawsuit Reviews
Women who allegedly experienced the spread of uterine sarcoma and other cancers due to a power morcellator may be entitled to compensation from the company that manufactured the device used in their surgery. To learn how you can join the growing litigation over morcellators and cancer, please contact Bernstein Liebhard LLP by call 1-877-779-1414 today.