Power Morcellator Lawsuit Claims Moved To Kansas

October 30, 2015 – – Tracey & Fox reports on a transfer order which was recently issued by the Judicial Panel on Multidistrict Litigation. The order would move all morcellator lawsuits filed against manufacturer Ethicon Inc. (a subsidiary of Johnson & Johnson) to the United States District of Kansas. Lawsuits involved similarly allege that Ethicon neglected to warn both physicians and patients about the cancer spreading risks associated when their power morcellators are used for hysterectomies and similar gynecological surgeries.

The order noted that morcellator lawsuit claims contained many common, factual questions. Other manufacturers involved include Karl Storz, Richard Wolf, and Gyrus ACMI, although the court has decided that these manufacturers will not be included in any type of industry-wide MDL, because of “differences among each defendant’s product design, development, testing, warnings, and marketing…”

An MDL was created for the Ethicon cases, and plaintiffs’ lawyers appear pleased with this decision. Generally, the consolidation of cases to form MDL allows things to move more quickly and efficiently, saving time and money for everyone involved. Additionally, it helps to avoid presentations of duplicate discovery.

Since additional lawsuits began to arise, Ethicon has pulled their power morcellation tools from production, and has asked that all those previously sold be returned. The FDA has issued several warnings about the morcellator, and even the FBI has stepped in to investigate whether Ethicon was aware of the cancer risks associated with their product before they removed it from the market.

Women who have undergone power morcellation and have subsequently suffered from widespread, aggressive cancer may be entitled to compensation. During hysterectomies and myomectomies, the morcellator breaks up uterine tissue and uterine fibroid. In doing so, however, it can allegedly spread previously undiscovered cancer cells throughout the body.

Tracey & Fox is currently offering free consultations to individuals who have suffered additional cancer diagnosis after undergoing power morcellator procedures. For more information on this topic, or to ask questions, please contact the attorneys at Tracey & Fox by calling 713-322-5375.

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Contact Tracey & Fox:

Sean Tracey
713-495-2333
440 Louisiana Street , Suite 1901
Houston, TX 77002

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