Power Morcellator Lawsuit Reaches Settlement, Amount Undisclosed, Report Tracey & Fox Lawyers

July 08, 2015 – – According to the Wall Street Journal, power morcellator manufacturer LiNA Medical ApS has settled a federal lawsuit alleging that the company’s medical device, designed to grind fibroid and uterine tissue, spread an undiagnosed case of uterine cancer. Jon Kamp, a reporter at the WSJ, writes that an attorney for the plaintiff broke the news on Thursday, July 2, 2015. The settlement amount has not been disclosed, and is currently awaiting approval from the US District Court for the Eastern District of Pennsylvania.

In the case, filed on March 14, 2014, Scott Burkhart claimed that his wife, Donna Burkhart, died of metastatic leiomyosarcoma only one year after undergoing a hysterectomy. The complaint is widely believed to be the first morcellator cancer lawsuit, and was set to reach trial proceedings on November 3, 2015.

In his complaint, Burkhart alleged that LiNA’s power morcellator disseminated undetected cancer cells to other organs, exacerbating his wife’s condition and ultimately leading to her death. Plaintiff accused LiNA Medical of failing to warn the public and health community about its device’s significant risks, which have now been publicly acknowledged by the US Food & Drug Administration. In a series of safety warnings, the FDA cautioned surgeons against using morcellators “in the majority of women undergoing” fibroid removal procedures. The agency also required all power morcellator manufacturers to include a “Black Box” warning on their products, notifying physicians of the danger.

Burkhart’s complaint was filed under case number 5:14-cv-1557. A summary of the case can be found here.

According to Sean Tracey, Esq., “Burkhart’s claim introduced many of the allegations that have now been leveled against power morcellator manufacturers in more than 20 lawsuits. LiNA Medical’s settlement is extremely heartening for the many women who believe that a laparoscopic power morcellator may have spread or worsened their undiagnosed uterine cancers.” Tracey, an experienced dangerous medical device and pharmaceutical drug attorney, has followed the ongoing morcellator litigation closely. He expects many other claims to be filed in the coming months, and is currently offering free legal consultations through his law firm Tracey & Fox. For more information, and a case eligibility evaluation, call 713-495-2333.

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Contact Tracey & Fox:

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

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