Two Philadelphia Women, Represented By Attorneys Tracey & Fox, File New Morcellator Lawsuits

June 19, 2015 – – Two women have filed new complaints against Olympus Corporation and its subsidiary Gyrus ACMI, adding their voices to the growing power morcellator litigation. Power morcellators, used to grind uterine and fibroid tissue into small fragments for removal, pose the serious risk of spreading and worsening undetected uterine cancer. Now patients have begun to file lawsuits against the manufacturers of what they claim are unreasonably dangerous medical devices.

The most recent complaints were filed on May 14, 2015, in the Philadelphia County Court of Common Pleas. Like previous claimants, Betty Dobson and Anita Whittaker allege that the use of a power morcellator, manufactured by Olympus, spread undetected uterine cancer cells throughout their bodies. Dobson’s complaint was filed under case number 150401310, while Whittaker’s lawsuit has been registered as case 150401312.

Both plaintiffs are represented by Sean Tracey, Rebecca King and Andrew Rubenstein of Tracey & Fox and Rosemary Pinto of Philadelphia’s Feldman & Pinto, P.C. The experienced attorneys at Tracey & Fox are currently providing free consultations to patients who believe that a morcellator procedure contributed to the spread of undetected uterine cancer.

In their lawsuits, Dobson and Whittaker allege that the Japan-based Olympus Corporation reasonably should have known of the morcellator’s dangers. Plaintiffs cite two decades of scientific research, studies repeatedly indicating that power morcellation presents a risk of spreading undetected cancers. But plaintiffs claim that Olympus failed to design its product in a manner that would eliminate those severe risks. In fact, the women allege that Olympus has misrepresented the risks of its device, by presenting the power morcellator to patients and healthcare professionals as safe to use during gynecological surgeries.

Dobson and Whittaker’s allegations come in the wake of several major safety warnings released by the US Food & Drug Administration. The FDA now warns against the use of laparoscopic power morcellators “in the majority of women undergoing myomectomy or hysterectomy for treatment of fibroids.” Estimating that as many as 1 out of every 350 women undergoing a uterine fibroid removal procedure may in fact be harboring undiagnosed uterine sarcomas, the FDA has also required all morcellator manufacturers to include a “Black Box” warning on their products. In response, Johnson & Johnson, once the world’s largest morcellator producer, has pulled its devices from the market. And several of America’s largest health insurers, including UnitedHealth Group and Aetna, have decided to limit or drop coverage for morcellation procedures completely.

But for the plaintiffs in a wave of power morcellator lawsuits, the industry’s recent warnings may have come too late. Many of these women are now living with late-stage sarcomas, and several complaints have been filed by widowers. Lawyers at Tracey & Fox say that they are dedicated to seeking justice for patients who may have been harmed by a power morcellation procedure. For more information on this ongoing litigation, and a free case eligibility evaluation, call 713-495-2333.

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Contact Tracey & Fox:

Sean Tracey
888-427-0543
440 Louisiana Street , Suite 1901
Houston, TX 77002

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