Morcellation Media Monitoring 11/09/2015

Client Attorney Privileged/Attorney Work Product/At Request of Counsel

Morcellation

1. Power Morcellator Lawsuit Consolidation

   Nov 7, 2015 | US Recall News

   On October 15, 2015, the Judicial Panel on Multidistrict Litigation (JPML) issued a transfer order consolidating 20 power morcellator personal injury and wrongful death lawsuits into multidistrict litigation (MDL) No. 2652 in the U.S. District Court for the District of Kansas before Judge Kathryn H. Vratil. The number of cases included in the MDL is expected to rise as more women develop cancer as a result of power morcellator procedures and they or their surviving loved ones file lawsuits.
2. Transfer Order Issued For Power Morcellator Ethicon Lawsuits

   Nov 6, 2015 | Legal Herald

   By Laurence Banville
   
   
   In this article, Laurence Banville comments on a recent transfer order for power morcellator Ethicon, Inc. lawsuits. A recent transfer order issued instructed that all power morcellator lawsuit cancer claims filed against Ethicon, Inc. (a subsidiary of Johnson & Johnson) be moved to the United States District of Kansas. These lawsuits similarly allege that Ethicon failed to warn both physicians and consumers about risks associated with the use of their power morcellator device. This included the risk that the surgical instrument could potentially spread undetected cancer cells throughout the abdomen during gynecological surgeries.
3. Power Morcellator Lawsuit Claims Transferred To Kansas

   Nov 6, 2015 | Press Release

   By Tracey & Fox
   
   
   Tracey & Fox reports that power morcellator lawsuit claims, which have been filed against Ethicon, Inc., have been transferred to the United States District of Kansas. Lawsuits filed similarly allege that Ethicon, (a subsidiary of pharmaceutical mogul Johnson & Johnson), neglected to warn doctors and consumers about cancer risks associated with the use of their power morcellator device during gynecological surgeries. Specific allegations cite that the morcellator, a surgical instrument used during hysterectomies and myomectomies, may spread previously undetected cancer cells throughout the body.
4. Power Morcellator Lawsuit Study Suggests Increased Uterine Cancer Risk

   Nov 6, 2015 | Press Release

   By Tracey & Fox
   
   
   Tracey & Fox reports on a recent study regarding the link between uterine cancer and power morcellator use in gynecological procedures. The study concluded that the FDA’s estimation regarding the number of women undergoing hysterectomies and myomectomies who also harbor undetected uterine cancer, may be below average.

Full Text of Stories Below

Client Attorney Privileged/Attorney Work Product/At Request of Counsel

Morcellation

1. Power Morcellator Lawsuit Consolidation

   Nov 7, 2015 | US Recall News

   On October 15, 2015, the Judicial Panel on Multidistrict Litigation (JPML) issued a transfer order consolidating 20 power morcellator personal injury and wrongful death lawsuits into multidistrict litigation (MDL) No. 2652 in the U.S. District Court for the District of Kansas before Judge Kathryn H. Vratil. The number of cases included in the MDL is expected to rise as more women develop cancer as a result of power morcellator procedures and they or their surviving loved ones file lawsuits.

   MULTIDISTRICT LITIGATION

   The MDL was requested by the plaintiffs. It allows plaintiffs to maintain individual lawsuits, but consolidates the pre-trial phase, including discovery. This can minimize costs for the plaintiffs and speed up the process. All of the defendants were opposed to the motion to transfer to MDL.

   DANGERS OF POWER MORCELLATORS

   In April 2014, the U.S. Food and Drug Administration (FDA) issued a safety warning discouraging the use of power morcellation in hysterectomy and myomectomy for uterine fibroids because of the risk of spreading previously undetected cancer cells throughout the abdomen and pelvis. According to the FDA one in 350 women undergoing these procedures have unsuspected uterine cancer.

   When the cancer cells are spread by the power morcellator, the likelihood of long-term survival is significantly decreased. Women who were unaware of having cancer at all can receive their first diagnosis in the late stages, when it is too late to successfully treat the cancer.

   If you have been harmed by power morcellator, or if someone you love has died as a result of power morcellation, please talk to an experienced defective medical device attorney right away to learn more about your rights.

   Return to headline | Return to top

2. Transfer Order Issued For Power Morcellator Ethicon Lawsuits

   Nov 6, 2015 | Legal Herald

   By Laurence Banville

   Power Morcellator Ethicon Lawsuits Transferred

   In this article, Laurence Banville comments on a recent transfer order for power morcellator Ethicon, Inc. lawsuits. A recent transfer order issued instructed that all power morcellator lawsuit cancer claims filed against Ethicon, Inc. (a subsidiary of Johnson & Johnson) be moved to the United States District of Kansas. These lawsuits similarly allege that Ethicon failed to warn both physicians and consumers about risks associated with the use of their power morcellator device. This included the risk that the surgical instrument could potentially spread undetected cancer cells throughout the abdomen during gynecological surgeries. 
   
   What Is A Power Morcellator?

   A power morcellator is a device used to avoid invasive, open abdominal surgeries during hysterectomies or myomectomies. It is inserted through small incisions in a woman’s abdomen, and works to tear apart the tissue once inside, ripping out uterine fibroids or tissue that is deemed a risk. The problem, however, is that studies have linked this procedure to the potential spread of cancer. When the morcellator rips apart the tissue, it can cut through previously undetected cancer cells, and spread them throughout the abdominal cavity. This can cause the patient to have new, widespread and aggressive tumors; a serious risk to their life. 
   
   What Is Being Done?

   Lawsuits against manufacturer Ethicon have been consolidated into Multidistrict Litigation. Plaintiffs are happy with this recent decision, as it will help the legal process to move more quickly and efficiently. Ethicon has now discontinued production and sales of its morcellators, and has recalled those currently in use at hospitals. The FDA has published several warnings concerning the devices, and even the FBI has stepped in to investigate whether Johnson & Johnson knew about the cancer risks prior to pulling the morcellators off of the market. 
   
   What Does The FDA Say?

   In April of 2014, the FDA discouraged physicians from using power morcellator devices because of their potential to spread undetected cancer. It was after this announcement that Johnson & Johnson (Ethicon) suspended their morcellator sales globally. FDA comments state: “Today, the U.S. Food and Drug Administration is taking immediate steps to help reduce the risk of spreading unsuspected cancer in women being treated for uterine fibroids. In an updated safety communication, originally issued in April 2014, the FDA warns against using laparoscopic power morcellators in the removal of the uterus (hysterectomy) or fibroids (myomectomy) in the vast majority of women.” “In an Immediately in Effect (IIE) guidance, the FDA is also recommending that manufacturers of laparoscopic power morcellators include in their product labeling specific safety statements in the form of a boxed warning and two contraindications. The IIE guidance allows the FDA to issue its recommendations expeditiously to help address a significant public health issue.” 
   
   Lawsuits Continue To Mount

   Lawsuits continue to be filed against multiple manufacturers of the tool. Documents show that these complaints have been filed either by women, or by the surviving family members for the victim who has died from cancer. In all cases, the women involved allegedly had their cancer spread and upstaged by a morcellator used during a myomectomy or hysterectomy procedure. Similar claims from the suits indicate that manufacturers neglected to properly warn consumers about the risks associated with their product. 
   
   Looking Into Legal Rights

   Those who have undergone procedures where a power morcellator was used, and have subsequently suffered from a cancer diagnosis, may be entitled to file suit and attain compensation. The attorneys at Banville Law are currently working to ensure that these individuals are provided free consultations to explore their legal rights. Additionally, they sponsor LowTestosteroneCase.com, which offers additional information concerning power morcellation.
   

   Return to headline | Return to top

3. Power Morcellator Lawsuit Claims Transferred To Kansas

   Nov 6, 2015 | Press Release

   By Tracey & Fox

   Tracey & Fox reports that power morcellator lawsuit claims, which have been filed against Ethicon, Inc., have been transferred to the United States District of Kansas. Lawsuits filed similarly allege that Ethicon, (a subsidiary of pharmaceutical mogul Johnson & Johnson), neglected to warn doctors and consumers about cancer risks associated with the use of their power morcellator device during gynecological surgeries. Specific allegations cite that the morcellator, a surgical instrument used during hysterectomies and myomectomies, may spread previously undetected cancer cells throughout the body.

   The morcellator is inserted through the abdomen and has small blades which whip around, tearing apart uterine and uterine fibroid tissue. Allegations state, however, that when the tool does this, it also uncovers cancer cells previously contained within the tissue and undetected, and it spreads these cancer cells throughout the body, resulting in aggressive and widespread cancer. These diagnoses can significantly shorten the life expectancy of the patient.

   As lawsuits against power morcellator manufacturers continued to add up, they were consolidated to form multidistrict litigation. This helps to ensure that the legal process can move more quickly and efficiently, avoiding duplicate discovery, and saving time and money of everyone involved.

   Following several studies which support allegations and link power morcellation to a potential spreading of cancer risk, Ethicon has discontinued production of the tools. Additionally, they have recalled those currently in use. Many other manufacturers, however, continue to market and sell the device. The GAO has announced that they will be investigated the FDA’s 501(k) clearance and subsequent approval of the power morcellator.

   Across the U.S., lawsuits against the product and various manufacturers continue to be filed. The attorneys at Tracey & Fox are currently working to ensure that anyone who has undergone a power morcellation procedure and who has subsequently been diagnosed with cancer is able to explore their legal rights. These individuals may be entitled to compensation.

   For additional information on power morcellators and power morcellator lawsuits, or to ask questions, please contact Tracey & Fox by calling 713-322-5375.

   Return to headline | Return to top

4. Power Morcellator Lawsuit Study Suggests Increased Uterine Cancer Risk

   Nov 6, 2015 | Press Release

   By Tracey & Fox

   Tracey & Fox reports on a recent study regarding the link between uterine cancer and power morcellator use in gynecological procedures. The study concluded that the FDA’s estimation regarding the number of women undergoing hysterectomies and myomectomies who also harbor undetected uterine cancer, may be below average.

   The study, published by the American Journal of Obstetrics and Gynecology, indicated that 1 out of every 156 women were found to have uterine cancer. This means, that if these women undergo laparoscopic power morcellation, it is possible that 1 out of every 156 of them will be diagnosed cancer, which could potentially have been spread by the device, worsening their prognosis before they are even aware they have the disease.

   This follows an April 2014 safety warning published by the FDA, which estimated that about 1 in every 350 women who have uterine fibroids removed also have undetected uterine cancer.

   The reason that knowing the average number of women who have undiagnosed uterine cancer is so important, is because the FDA has also determined that the morcellator may disseminate cancer cells if the tool cuts through a tumor.

   Power morcellators are used to remove uterine or fibroid tissue during gynecological surgeries. The morcellator device allows a less invasive surgical option, as it can be inserted through small incisions in the abdomen. Once inside, the morcellator works much like a drill, tearing up the uterine or fibroid tissue with small blades. Lawsuit allegations surrounding the device claim that as it tears up this tissue, it also tears up and spreads cancer cells that were previously undetected. Many women who have filed suit claim that the exposed cancer cells produced advanced, aggressive cancer and significantly worsened their prognosis.

   Power morcellator lawsuit claims against the Ethicon branch of Johnson & Johnson have now been consolidated in Kansas. Additional suits against power morcellators are still being filed, and the attorneys at Tracey & Fox are currently working to ensure that anyone who has undergone a morcellation procedure and has subsequently been diagnosed with cancer is able to pursue their legal rights. They offer free and confidential consultations to these individuals, who may be entitled to compensation.

   For questions regarding this release, or to obtain more information on the topic, please contact Tracey & Fox by calling 713-322-5375.

   Return to headline | Return to top

Full Text of Stories Below