Laura Schultz  |  July 2, 2015

Category: Legal News

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Surgeons working with a scissors on a patient in a operating theaterPlaintiffs from several power morcellator cancer lawsuits are seeking to have their cases consolidated as part of a multidistrict litigation, or MDL.

These power morcellator cancer lawsuits allege that the medical device manufacturers failed to warn the medical community and general public about the serious risks associated with using the device during surgery.

Over 22 power morcellator cancer lawsuits are pending in 16 different federal courts. The plaintiffs in these morcellation lawsuits recently filed a Motion to Transfer with the U.S. Judicial Panel on Multidistrict Litigation. Many plaintiffs find multidistrict litigation beneficial because it works to consolidate pretrial rulings and discovery.

In multidistrict litigation, cases filed in several jurisdictions are consolidated and presided over by one judge. This avoids conflicting pretrial rulings and reduces duplicative discovery requests. It can also serve to streamline the process for witnesses, the parties, and the courts.

Unlike class action lawsuits, the lawsuits in multidistrict litigation remain separate and are ultimately tried or decided individually. The device manufacturers must respond to the Plaintiffs’ Motion for Transfer by July 10 and oral arguments will likely be heard in October.

Overview of Power Morcellators

A power morcellator is a medical device that was commonly used during a laparoscopic hysterectomy (surgical removal of the uterus) and myomectomy (removal of fibroids in the uterus). The device allows procedures to be performed in a minimally invasive way through a small incision in the abdomen.

Minimally invasive surgeries like these are designed to reduce the required recovery time and lower risks of infections. But the use of morcellators for performing hysterectomies and myomectomies has been greatly reduced in the last year.

Power Morcellator Lawsuits

Recently, several lawsuits have been filed against power morcellator medical device manufacturers. According to the morcellation cancer lawsuits, inadequate warnings were given about the risk that the device could spread undiagnosed cancerous cells following surgery.

In fact, the FDA issued a morcellator cancer risk warning in April 2014. The warning estimated that one out of 350 women undergoing surgery for uterine fibroids may have undiagnosed sarcoma.

Medical professionals suggest that these malignant tumors can often be safely treated if treated properly and contained within the uterus. But power morcellators shred the tissue, spreading cancerous cells throughout the abdomen. This can vastly increase the spread of the malignant cancer throughout a woman’s body.

The power morcellator lawsuits allege that instead of sharing these dangerous risks with the public, the medical device manufacturers aggressively marketed their devices, misleading users and failing to protect consumers from the potential dangerous side effects.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The morcellation cancer attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you. [In general, morcellator cancer lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

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If you or a loved one were diagnosed with cancer in the uterus, pelvis or abdomen within two years of undergoing surgery for a myomectomy (removal of fibroids), hysterectomy (removal of the uterus), oophorectomy (removal of the ovaries), or salpingectomy (removal of fallopian tubes), you may have a legal claim. See if you qualify by filling out the short form below.

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.