Power morcellators, surgical devices used for grinding up organs and other tissue masses, were once a mainstay in minimally-invasive hysterectomies.
However, these devices have been found to drastically worsen the condition of patients with unsuspected uterine cancer, as the spinning blades central to their design can disperse malignant tissue remnants, spreading cancer through the body.
Lawsuits Over Power Morcellators Mount
After the FDA issued serious warnings regarding the use of power morcellators in 2014, significant public fallout ensued, including hospital bans of the devices, manufacturer recalls, health insurance policy changes, and a growing number of lawsuits against morcellator manufacturers.
In these lawsuits, affected patients fight to be compensated for the unbearable amount of stress, anguish, physical/emotional pain and physical/financial hardships they endure due to the advanced cancer they allege was severely worsened by power morcellators.
Such lawsuits refer closely to a body of research dating back to at least 1990 that suggests or even directly discusses the possible cancer-spreading risks of power morcellation. Plaintiffs in these cases accuse manufacturers of neglecting to perform necessary research or willfully ignoring the implications of the readily available literature.
The Morcellator Lawyers at Monheit Law Can Help
If you or a family member underwent a laparoscopic hysterectomy or myomectomy (removal of uterine fibroids) that involved the use of power morcellators and were later diagnosed with advanced uterine cancer, contact us for a free case evaluation to determine your eligibility for a morcellator lawsuit.
Here at Monheit Law, our team of top-notch lawyers possesses considerable experience with suits against large corporations, which is highly desirable for medical device litigation. We will aggressively fight for your right to justice if given the chance to work with you.
However, we also place special emphasis on compassionate service for victims who may have been severely wronged by device manufacturers, hospitals, or medical professionals. Our morcellator lawyers will always lend a sympathetic ear and carefully consider your personal circumstances and needs. We sympathize with the difficult plight you may be experiencing, and we will do our best to accommodate you and make you feel confident in our support.
If you have further questions about morcellator litigation, be sure to visit our Legal FAQ page.
Number of Power Morcellator Lawsuits Expected to Rise
So far, 22 lawsuits have been filed in federal court districts throughout the U.S.
The first of these lawsuits to be filed—initiated by Scott Burkhart against manufacturer LiNA Medical—has already been resolved in a settlement agreement. The lawsuit was filed on behalf of Scott’s late wife Donna, who died from complications from uterine cancer, and it was recently settled before it was scheduled to go to trial.
Since an estimated 100,000 morcellator-aided uterine surgeries were undergone in the U.S. each year, the legal community anticipates that many more morcellator lawsuits will surface.
When Can I File a Case?
If you think you may be eligible to file a claim against a power morcellator manufacturer or other institutions that you may be able to hold liable for damages against you, it is of chief importance to get your case evaluated as soon as possible.
Each state enacts a statute of limitations—that is, a limit on how long after a given event you are permitted to file claims pertaining to that event. This statute not only varies among states, but also differs according to certain other circumstances and characteristics of the event.
Yet even if the time limit enforced by your state’s statute of limitations has already passed, you may be able to argue that your discovery of what aggravated your cancer was delayed due to concealment by manufacturers or other entitites, which would allow you to extend the permitted litigation period.
Contact Monheit Law Today
The best way to know for sure if your case is eligible is to seek counsel with experienced morcellator lawyers.
Schedule a meeting today with the attorneys of Monheit Law to find out how to exercise your full legal rights.
There’s no cost and no obligation for a comprehensive case evaluation, and if you are eligible to file a claim, we will work for you on a contingency fee basis. This means that until we obtain compensation for you in the form of a court award or settlement, you pay nothing.