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Morcellation Media Monitoring 10/26/2015
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The Two Doctors Who Stand Beside Power Morcellator Lawsuit Plaintiffs
Oct 22, 2015 | The Legal Herald
By Laurence Banville
Two doctors from Boston have been campaigning against power morcellators since 2013. Their story has helped countless women learn of the risks associated with the tool. Dr. Hooman Noorchashm and Dr. Amy Reed have been fighting to ban the use of power morcellators during gynecological procedures for over two years. -
Morcellator Cancer Lawsuit Claims Against Ethicon Will Move Forward In Kansas MDL
Oct 25, 2015 | Press Release
By Southern Med Law
A transfer order was recently issued to move all morcellator cancer lawsuit claims filed against Johnson & Johnson's subsidiary, Ethicon Inc., to the U.S. District of Kansas . Power morcellator lawsuits accuse Ethicon of failing to warn doctors and their patients of the potential risks of spreading undetected uterine cancer during hysterectomies using power morcellation. (In Re: Power Morcellator Products Liability Litigation – MDL No. 2652) -
MDL Created for J&J Morcellator Lawsuits, Parker Waichman LLP Comments
Oct 26, 2015 | Press Release
By Parker Waichman LLP
A multidistrict litigation (MDL) has been established in Kansas for lawsuits filed over Johnson & Johnson’s morcellator device. The lawsuits have been filed on behalf of women who allege that the tool spread and worsened uterine cancers.
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The Two Doctors Who Stand Beside Power Morcellator Lawsuit Plaintiffs
Oct 22, 2015 | The Legal Herald
By Laurence Banville
Two doctors from Boston have been campaigning against power morcellators since 2013. Their story has helped countless women learn of the risks associated with the tool. Dr. Hooman Noorchashm and Dr. Amy Reed have been fighting to ban the use of power morcellators during gynecological procedures for over two years.
The two doctors, a married couple with six children, live outside of Boston. Dr. Noorchashm works as a cardiothoracic surgeon at Brigham and Women’s Hospital and his wife, Dr. Reed, works as an anesthesiologist at Beth Israel Deaconess Medical Center. Neither one of them ever had any particular interest in gynecology until October of 2013.
Dr. Reed sought treatment at Brigham and Women’s Hospital for uterine fibroids. She had been experiencing pelvic pain for several months and, after consulting with her doctor, decided to undergo a hysterectomy. To avoid a large incision which would mean six to eight weeks of recovery time, her hysterectomy was performed laparoscopically. During the procedure, her surgeon used a power morcellator.
Following her surgery, she and her husband were shocked when they were informed that one of her fibroids also contained leiomyosarcoma. This uterine cancer is difficult to treat because it does not respond well to chemotherapy and radiation treatments. Both Dr. Reed and Dr. Noorchashm believe that the morcellator used during her surgery spread the leiomyosarcoma throughout her abdomen, worsening her prognosis.
Their CampaignDr. Noochashm began an aggressive campaign against morcellator manufacturers while sitting next to his wife’s hospital bed. He sent mass emails to every doctor in his hospital and started to publically speak out, insisting that hospitals change their procedures. He even went so far as to threaten leaving his job if his hospital did not stop using morcellators. When Dr. Reed was well enough, she too joined the campaign.
Their efforts have not been wasted. In 2014, the U.S. Food and Drug Administration (FDA) issued a safety warning which stated that if morcellators were used during hysterectomies and myomectomies, there was a risk that the surgical tool may spread undetected uterine cancer. They estimated that 1 in 350 women undergoing these procedures has uterine cancer. Unfortunately, uterine cancer encapsulated by a uterine fibroid is virtually undiagnosable until a biopsy of the fibroid is performed.
Both doctors have also reported that the Federal Bureau of Investigations has spoken with them twice. Additionally, they spearheaded a movement which lead to the U.S. Government Accountability Office announcing that they had agreed to investigate the manner in which the FDA had approved the morcellator.
The MorcellatorThe power morcellator was first approved by the FDA in 1991. Manufacturers like Ethicon, a subdivision of Johnson & Johnson, were able to bypass the usual required safety testing by using the 501(k) approval process. In order to proceed with a 501(k), the manufacturer just has to show that their product is “substantially equivalent” to a previously approved device.
Current LawsuitsFollowing the FDA’s safety warning, more than 30 women have filed lawsuits against various morcellator manufacturers including Ethicon, Karl Storz GmbH, Richard Wolf GmbH, and Gyrus ACMI. These lawsuits have been consolidated to form an MDL, which means that all cases will be seen in one court by one judge. The trial dates have not yet been set.
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Morcellator Cancer Lawsuit Claims Against Ethicon Will Move Forward In Kansas MDL
Oct 25, 2015 | Press Release
By Southern Med Law
A transfer order was recently issued to move all morcellator cancer lawsuit claims filed against Johnson & Johnson's subsidiary, Ethicon Inc., to the U.S. District of Kansas . Power morcellator lawsuits accuse Ethicon of failing to warn doctors and their patients of the potential risks of spreading undetected uterine cancer during hysterectomies using power morcellation. (In Re: Power Morcellator Products Liability Litigation – MDL No. 2652)
The transfer order explains there are common factual questions in at least 28 of the morcellator cancer lawsuit claims filed against Ethicon. The court denied a request to create an industry-wide MDL that would include power morcellator manufacturers, Karl Storz, Richard Wolf, and Gyrus ACMI, who are also named in power morcellation lawsuits. The court stated that while these manufacturers have common issues, "differences among each defendant's product design, development, testing, warnings, and marketing will predominate over the common issues."
"While an industry-wide MDL would have included other power morcellator manufacturers, we are pleased that an MDL was created for Ethicon, which is the largest power morcellator manufacturer," says Dr. François Blaudeau, the founder of Southern Med Law. For more information and to speak to Francois or one of the firms attorneys call 205-515-6166 or visit www.southernmedlaw.com.
As morcellator cancer lawsuit claims continue to be filed there has been a growing concern that has led some doctors and hospitals to stopped performing robotic morcellation procedures. In April of last year the FDA warned doctors against using power morcellators. The FBI is investigating whether Johnson & Johnson knew about the cancer risks before taking its devices off the market. The FDA further issued a stronger warning in November 2014 that all but banned the use of power morcellators in the majority of women undergoing a hysterectomy or myomectomy. The GAO has also announced they will investigate the risks of laparoscopic morcellation.
Southern Med Law was the first to file a power morecallator lawsuit against LiNA Medical APS. Attoney Blaudeau also settled the case involving a women who was diagnosed with uterine cancer after a hysterectomy for an undisclosed amount. The firm, which is currently involved in uterine cancer morcellation lawsuits against Ethicon, believes morcellator makers knew about the potential risk to spread undetected uterine cancer and did not disclose this information to doctors and their patients.
In April 2014, the FDA discouraged doctors against using power morcellators due to the medical devices potential to spread cancer. Shortly after the FDA's announcement, Johnson & Johnson suspended global sales of power morcellators. In May, the Wall Street Journal reported the FBI was investigating power morcellators and whether Johnson & Johnson knew about the cancer risks before taking its devices off the market. The FDA issued a stronger warning in November 2014 that all but banned the use of power morcellators in the majority of women undergoing a hysterectomy or myomectomy.
[wsj.com/articles/members-of-congress-call-on-gao-to-investigate-surgical-tool-1438978884, August 7, 2015]
Court documents indicate that morcellator cancer lawsuit claims have been filed on behalf of women, or their survivors, who have been diagnosed with cancer or died, allegedly due to having a hysterectomy or myomectomy in which power morcellation was used. The morcellation lawsuits purport that power morcellator manufacturers failed to warn about the cancer risks associated with their surgical devices.
Southern Med Law is a patient and consumer advocacy organization providing legal representation to the victims of negligent personal injuries, medical malpractice, dangerous drugs, faulty medical devices and defective products. Led by Dr. François Blaudeau, an attorney and a practicing obstetrician/ gynecologist, the legal staff at Southern Med Law possesses a deep understanding of the complex medical and legal questions at issue in all manner of product liability and personal injury claims. They're not afraid to take on the nation's largest corporations in their pursuit of justice, and are committed to ensuring that all victims have access to the type of aggressive legal advocacy that assures success. -
MDL Created for J&J Morcellator Lawsuits, Parker Waichman LLP Comments
Oct 26, 2015 | Press Release
By Parker Waichman LLP
Parker Waichman LLP, a national law firm dedicated to protecting the rights of victims injured by defective drugs and medical devices, comments that a multidistrict litigation (MDL) has been created for over two-dozen morcellator lawsuits filed against Johnson & Johnson (J&J), according to an October 15th Transfer Order issued by the U.S. Judicial Panel on Multidistrict Litigation (JPML). The case is In Re: Ethicon, Inc., Power Morcellator Products Liability Litigation (MDL No. 2652) in the U.S. District Court, District of Kansas. The plaintiffs in the litigation allege that the device spread and worsened uterine cancers.
Morcellators are devices that are used to cut up tissue into smaller pieces during minimally invasive surgery, making the tissue easier to remove from the body. The firm comments that morcellators have come under increased scrutiny since April 2014, when the U.S. Food and Drug Administration (FDA) warned that the tools could spread undiagnosed uterine sarcoma cells and other cancers during gynecological procedures. The agency issued another public health alert in November 2014 warning that morcellators should not be used in the majority of women undergoing uterine surgery. Manufacturers were ordered to place stronger warnings on their morcellators.
Parker Waichman comments that an MDL helps make large litigations more efficient; similar lawsuits are consolidated in one court before one judge. “The creation of this MDL will help streamline the litigation process,” said Matthew J. McCauley, Senior Litigation Counsel at the firm. “It may also pave the way for additional morcellator lawsuits.”
Johnson & Johnson’s Ethicon unit stopped selling three types of power morcellators in July 2014, including the Gynecare Morcellex,” the “Morcellex Sigma,” and the “Gynecare X-Tract.”
Allegedly, J&J has known for years that morcellators could spread hidden cancers, but failed to inform patients. Plaintiffs allege that the manufacturer failed to disclose evidence linking the devices to a risk of spreading cancer and instead marketed morcellator devices for financial gain.
Parker Waichman offers free legal consultations to victims of injuries allegedly caused by medical devices, including morcellator devices, and injuries allegedly suffered during fibroid removal. For more information on potential morcellator device lawsuits, please contact the firm at yourlawyer.com. Free case evaluations are also available by calling 1 800 LAW INFO (1-800-529-4636).
For more information about us, please visit http://www.yourlawyer.com/long-island
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