Tuesday, April 14, 2015 - Attorneys handling morcellator lawsuit claims alleging the spread of cancer from the use of a power morcellator device provide an update on the progress of one of the first morcellator lawsuits filed in U.S. courts. Attorneys handling morcellator lawsuits for the Onder Law Firm report discovery is underway, and is set to be completed this summer by July 30, 2015. A settlement conference will be held May 26, 2015 and the jury trial has been scheduled for November 23, 2015, according to the Onder Law Firm.
The wrongful death case, Burkhart et al v. Lina Medical USA Inc., et al, was filed in U.S. District Court in the Eastern District of Pennsylvania. The plaintiff has filed this morcellator lawsuit on behalf of his wife, who died of cancer in 2013 which he alleges was a result of power morcellator surgery. Counts of negligence, strict liability, breach of express warranty, wrongful death and survival action have been brought forth, asserting that the companies and individuals who developed, marketed and promoted the surgical device possessed knowledge regarding the risks associated with the surgical device, yet failed to warn consumers of the danger of spreading undetected cancer cells and advancing the disease.
According to court documents, numerous medical centers and health insurance companies are now restricting the use of power morcellator devices for uterine surgery based on the risk of spreading cancer. One such institution,Johns Hopkins University, a leading voice in medical research, has created a new protocol limiting the use of laparoscopic power morcellators for uterine surgeries in order to decrease the risk of spreading unsuspected cancer following a review of morcellator cases over the past decade, according to court documents.
"More voices are joining the chorus warning of the dangers of morcellator uterine surgery. Johns Hopkins University is a leader in medical research and care in this country, and their new precautions surrounding morcellator surgery will help bring this issue to light elsewhere. Meanwhile, for women who believe their cancer was advanced by morcellator surgery, it is too late for warnings," commented Jim Onder of the Onder Law Firm.
Johns Hopkins‘ new protocol stipulates that morcellation is not to be used for uterine fibroid removal and hysterectomy in women age 50 or older, and for women who have certain risk factors for developing uterine cancer, in order to reduce the risk of spreading and thereby worsening undetected cancer.
This new set of guidelines came after the FDA warned surgeons and health care providers of the risk of spreading undetected cancer when performing uterine surgeries by power morcellator, according to court documents. The federal agency warned health care professionals that using a laparoscopic power morcellator, which minces and extracts tissues through miniature incisions, can spread cancer cells throughout the pelvic region and abdomen, potentially resulting in advanced stage and fatal cancer, according to court documents.
The Onder Law Firm, known nationwide for its superior work in family and product liability law, provides comprehensive information and timely news updates on morcellator surgery lawsuits at MorcellatorCancerLawsuitCenter.com. These morcellator cancer lawyers offer no-cost, confidential case review to women and the family members of women who were diagnosed with cancer following morcellator surgery. Lawyers handling morcellator claims believe women who were diagnosed with cancer following uterine fibroid or hysterectomy surgery may be entitled to real compensation for the harm and damages they sustained.
The Onder Law Firm welcomes morcellator lawsuit inquiries from law firms in regards to handling them or working as co-counsel.