Morcellator Lawsuit Update: Attorney Rebecca King Appointed To Plaintiff Steering Committee
November 20, 2015 – – Tracey & Fox reports on the latest update to the power morcellator litigation. United States District Judge Kathy Vratil has now approved members of the MDL’s plaintiff steering committee. The appointments, approved Wednesday, November 18th, come via lawsuits which allege that power morcellators, manufactured by Ethicon Inc., (a division of Johnson & Johnson), have resulted in the spread of an aggressive form of cancer when used during laparoscopic gynecological surgeries.
The leadership team comprises mostly female attorneys. This comes following a talk Judge Vratil gave at Duke Law School’s Center for Judicial Studies conference, discussing multidistrict litigation “best practices” and noting a historical lack of female leadership. As a former member of the United States Judicial Panel on Multidistrict Litigation, Judge Vratil recognizes that there has never before been a plaintiffs steering committee with a majority of female members.
The approved committee is made up of 20 members, 11 of whom are female, including Tracey & Fox’s own Rebecca King. Attorney King commented on the responsibility, a first for her in an MDL, stating: “I am honored to have been appointed to the Ethicon Power Morcellator Plaintiffs’ Steering Committee by the Honorable Kathryn H. Vratil and the Honorable James P. O’Hara. We are passionate about these cases and intend to do all in our power to swiftly seek justice for these women and their families.”
The honor is perhaps a small victory for the many female plaintiffs within the MDL. The cases surround a serious women’s health issue, and bringing a woman’s perspective to the situation seems very appropriate. The allegations within these women’s cases all similarly allege that during gynecological surgeries such as hysterectomies and myomectomies, the laparoscopic power morcellator spread previously undetected cancer cells within their respective bodies. Allegations state that this aggressively accelerates the natural process of the cancer, making it more difficult to treat and significantly impairing the life expectancy of the patients.
Power morcellator devices are made by several manufacturers, and lawsuits have been filed nationally against many different brands. The lawsuits in the current MDL, however, are focused on Ethicon brand morcellators.
During gynecological surgeries, morcellators are inserted through a small incision in the abdomen of the patient. Once inside, the tool works much like a drill, rapidly spinning tiny blades that shred apart troublesome uterine tissue and uterine fibroids. According to plaintiffs, the tool exposes previously undiscovered cancer cells, and spreads those cells throughout the abdominal cavity, which can result in a more aggressive and high-grade cancer.
The United States Food and Drug Administration has also stepped forward to release a public safety warning concerning the power morcellator. This warning informed women that most should refrain from undergoing a power morcellation for gynecological surgeries involving uterine fibroids, due to the risk of spreading hidden cancer cells. They noted that approximately 1 in every 350 women who undergo laparoscopic power morcellation to treat uterine fibroids may have uterine sarcomas, and that using a power morcellator in these cases could significantly impact a patient’s chances of survival.
It is fully anticipated that as the cases in the current power morcellator MDL progress through the legal system, others will continue to be filed. The attorneys at Tracey & Fox, including newly appointed plaintiff steering committee member, Rebecca King, Esq., are dedicated to helping those women affected. Women who have undergone laparoscopic power morcellation and who have subsequently been diagnosed with cancer deserve the opportunity to explore their legal rights. They may be eligible for financial compensation. Tracey & Fox offers free legal consultations for women and families concerned that they were affected by this surgical device.
For additional information on the pending power morcellator litigation, or questions about this news release, please contact Tracey & Fox by calling (713) 322-5375.
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Contact Tracey & Fox:
Sean Tracey
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