For more information or confidential assistance
se habla español

Hiring a Morcellator Lawyer

lawyer and jurorsIn the wake of growing evidence linking power morcellation to the spread of undetected uterine cancer, the FDA may be reclassifying the surgical instruments as Class III, high risk devices. The first power or electric morcellator was launched on the U.S. market in 1993, and has since been used in thousands of gynecological surgeries, such as laparoscopic hysterectomies and fibroid tumor removal. Today, nearly a dozen manufacturers produce various types of electric morcellators for surgical applications, including Johnson & Johnson’s subsidiary Ethicon.

Women who underwent fibroid removal surgery (myomectomy) or laparoscopic hysterectomy with morcellation and who have later been diagnosed with leiomyosarcoma may be wondering where to turn for answers. A uterine cancer diagnosis is frightening under any circumstance, more so when a potentially defective medical device may be to blame for the disease.

Morcellation cancer lawyers are presently investigating legal claims against manufacturers of the devices, to determine whether companies can and should be liable for failure to warn and negligent misrepresentation.

Patients who have received a uterine fibroid surgery cancer diagnosis after having these routine procedures with power morcellation may be entitled to significant compensation for hospital bills, loss of income, emotional trauma, reduced earning capacity and other losses. But taking on a product liability case against a billion dollar company requires the expertise and legal savvy of a qualified power morcellator attorney.

Valid grounds for bringing a morcellation cancer lawsuit

Morcellator lawyers have been following pertinent studies, FDA actions and recent litigation, and believe that the surgical tools may indeed be unreasonably dangerous when used as intended. Moreover, many suspect that power morcellators were not sufficiently tested prior to market launch, thus putting unsuspecting consumers in harm’s way.

These bladed tools are used by surgeons to mince fibroid tissues or the uterus into tiny parts, for easy extraction through a small keyhole opening in the patient’s stomach. During this laparoscopic procedure, the problem lies not in the device itself, but the risk of spreading a highly aggressive form of uterine sarcoma into adjacent areas at the time of morcellation. Once these cancerous cells are exposed during morcellation, there is a high risk of cells spreading inside the pelvic cavity.

Studies indicate that as many as one in every 500 women may have undetected leiomyosarcoma – a deadly form of uterine cancer. And with few accurate pre-operative tests to screen for this cancer prior to surgery, surgeons may be essentially flying blind when performing laparoscopic hysterectomies or myomectomies.

A power morcellator attorney can help patients struggling with newly diagnosed health issues in determining whether they have a valid claim for compensation, but since all personal injury actions are guarded by a strict statute of limitations, time is of the essence.

Hiring a power morcellator lawyer

An experienced product liability lawyer will have an in-depth knowledge of litigation arising from defective medical devices and dangerous drugs. As such, he or she will cite relevant research on power morcellator cancer risks, retain expert witnesses who can testify of their dangers, and produce a compelling argument that manufacturers acted with negligence and/or disregard for consumer safety.

Given that just last April, the FDA released a public safety announcement in which health officials openly discouraged the use of laparoscopic power morcellation for fibroid removal and minimally-invasive hysterectomies, women and their morcellator lawyers can bring persuasive evidence to the courtroom or mediation forum.

While no law firm can guarantee a client’s potential monetary recovery, your attorney should work tirelessly to secure maximum damages on your behalf, calling upon health industry specialists who can further prove legal liability. And since litigation involving morcellation and uterine cancer is still in its infancy, it’s imperative to look for a lawyer backed by a long string of verdicts against major device manufacturers and Big Pharma.

With so much at stake, it pays to choose your legal representation wisely, to ensure the best results.

Tips for choosing a morcellation cancer attorney

Before pursuing a complaint against Ethicon, Smith & Nephew, Blue Endo, or another morcellator manufacturer, patients must select a reputable and accomplished attorney who can effectively represent their case.

Medical device litigation is a complex sub-section of product liability law, which means plaintiffs should look lawyers who demonstrate:

  • Compassion for victims of personal injury caused by medical devices
  • Experience in consolidated litigation including mass torts, multidistrict litigation and class actions
  • A highly credentialed legal background
  • Excellent communication skills, with prompt responses to all phone calls, texts and emails
  • Track record of substantial verdicts and/or settlements in similar product liability lawsuits
  • Strong attention to detail
  • Financial resources for securing expert testimony from health care and other industry professionals

How a product liability lawyer can help

A power morcellator attorney is not only an ally; he or she will help you through the entire legal process – from gathering medical records to witness deposition and arguing your case before a jury. In addition, should settlement talks arise, your lawyer will aggressively fight for fair compensation to alleviate all economic burdens associated with medical expenses, lost earnings, loss of spousal consortium and pain and suffering. If it appears that a plaintiff stands a better chance of financial recovery in the court room, your lawyer will argue your case before a jury.

Steer clear of attorneys who rely on slick advertisements and have no credible track record, and remember that a good morcellation cancer lawyer will always work on contingency. This means the attorney will only get paid once you have won your lawsuit or agreed to a settlement.

Many legal analysts predict that hundreds or thousands of American women may soon be filing a power morcellator lawsuit, as more data comes to light regarding uterine cancer dangers. As of late 2014, less than a dozen claims have been brought. Product liability attorneys anticipate an onslaught of cases in the coming months.

  1. MedPage Today, Study Quantifies Cancer Risk of Morcellation
  2. FDA, FDA discourages use of laparoscopic power morcellation for removal of uterus or uterine fibroids
  3., Are Routine, Minimally Invasive Surgeries for Fibroids Safe?