Power Morcellator Lawsuit Plaintiffs Receive Status Conference Schedule
November 18, 2015 – – Tracey & Fox reports on new information regarding Ethicon power morcellator lawsuits, as announcements come stating that the initial status and schedule conference for these cases has been set for November 18th, 2015. This announcement follows the recent multidistrict litigation consolidation by the U.S. Judicial Panel for Multidistrict Litigation. The cases will be seen in one court in the United States District Court for the District of Kansas. According to information obtained, Judge Kathryn Vratil has set this initial status and scheduling conference date.
It is hoped that the initial meeting will offer all involved the opportunity to speak openly about pretrial procedures and encourage the best resolution possible of cases involving similar allegations. The consolidation helps to prevent different rulings from multiple judges, eliminate duplicate discovery, and conserve resources for everyone. During the status conference, discovery and pretrial organizational matters are likely to be discussed.
In addition to setting the initial conference date, Judge Vratil also asked that the parties involved in this litigation be prepared to complete discovery within a timeframe of 12-18 months. The cases involved similarly allege that Ethicon power morcellator devices used during gynecological surgeries have resulted in the exposure and rapid spreading of previously undetected cancer cells.
Plaintiffs indicate that the manufacturer neglected to adequately warn consumers of the risks associated with their product. Many indicated that, had they been made aware of these risks, they would have opted for alternative surgical procedures. Plaintiffs additionally allege that there has been evidence of the dangers of these devices since the early 1990’s. They indicate that the manufacturer either should have known of these dangers, or did know, yet chose to hide their findings.
In 2014, the U.S. Food and Drug Administration also stepped up to address the issue, warning most women against using power morcellation during gynecological surgeries involving uterine fibroids, and indicating that the tool may spread uterine sarcomas. After this announcement, Ethicon (a division of Johnson & Johnson) stopped manufacturing morcellators, and recalled those currently on the market.
As the cases consolidated in the MDL await trial, it is fully expected that others will continue to be filed across the United States. The attorneys at Tracey & Fox are working to ensure that anyone who had a laparoscopic power morcellation surgery and was subsequently diagnosed with cancer now has the opportunity to explore their full legal rights. These individuals may be entitled to compensation. Tracey & Fox is currently offering free consultations to those involved.
For additional information on power morcellation lawsuits, or to ask questions, please contact Tracey & Fox directly by calling (713) 322-5375.
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Contact Tracey & Fox:
Sean Tracey
713-495-2333
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Houston, TX 77002
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