As Morcellator Lawsuits Mount, Bernstein Liebhard LLP Notes Manufacturer’s Threat of Legal Action Against Uterine Morcellation Critic
NEW YORK, Aug. 29, 2014 /PRNewswire/ — As power morcellator lawsuit (http://www.gynecaremorcellatorlawsuit.com/) filings continue to mount in U.S. courts, Bernstein Liebhard LLP notes that one medical device manufacturer is taking issue with a doctor who is working to have uterine morcellation banned in the U.S. According to a report from The Cancer Letter, the Karl Storz Group has sent a letter to Dr. Hooman Noorchashm threatening him with legal action if he does not end his campaign against the Rotocut morcellator, a device manufactured by the company. For his part, Dr. Noorchashm says he has no intention of ending his crusade.*
“This letter is a strong indication that Dr. Noorchashm’s work is having an impact. It’s doubtful that this issue would have gained any traction had he and his wife not brought it to the attention of health regulators and the public,” says Bernstein Liebhard LLP, a nationwide law firm representing victims of defective drugs and medical devices. The Firm is now offering hysterectomy cancer lawsuit reviews to women who suffered uterine sarcoma or other cancers allegedly spread by morcellation.
Uterine Morcellation and Cancer
Power morcellators are used in minimally-invasive uterine surgeries to cut up tissue so that it can be removed via a small abdominal incision. According to The Cancer Letter report, Dr. Noorchashm began working for a power morcellator ban last fall, after his wife, Dr. Amy Reed, was diagnosed with Stage 4 uterine cancer shortly after she underwent a hysterectomy to remove fibroids. He claims that the Rotocut morcellator was used in his wife’s surgery, and has urged Karl Storz to recall the device. Dr. Noorchashm has also launched a Change.org petition to ban uterine morcellation that has so far collected more than 75,000 signatures.**
On April 17, 2014, a U.S. Food & Drug Administration (FDA) alert discouraged doctors from using the devices in laparoscopic hysterectomy and fibroid removals, because of the risk that they could promote the spread of undetected uterine sarcomas and other cancers. These cancers are difficult to detect prior to surgery, and their dissemination during uterine morcellation can quickly upstage the cancer and significantly reduce a woman’s chances for long-term survival, the FDA said.
In July, the FDA convened a meeting of outside advisors to discuss the procedure’s risks and benefits. During the meeting, Drs. Noorchashm and Reed, as well as many others, urged the agency to ban the use of power morcellators in uterine surgery.
Shortly after the FDA’s July meeting, a power morcellator recall was announced by Johnson & Johnson for three devices manufactured by Ethicon, Inc. unit. The company said it had decided to recall the morcellators because of the uncertainty surrounding their safety.
According to court documents, a number of power morcellator manufacturers are now facing lawsuits that allege their devices caused the dissemination of uterine cancer cells in patients undergoing laparoscopic hysterectomies and fibroid removal surgeries. Most recently, a morcellator lawsuit was filed against Karl Storz in the U.S. District Court, Eastern District of New York by a woman who claims the company’s Rotocut G1 morcellator spread leiomyosarcoma, an aggressive form of uterine sarcoma, throughout her body. The August 18(th) filing alleges that the company failed to warn doctors and patients about the risks associated with the device. (Case No. 3:14-cv-01024-TJM-DEP)
Women whose uterine cancers were allegedly spread via a power morcellator may be entitled to compensation for medical bills, lost wages, pain and suffering, and other injury related damages. To learn more about the risks potentially associated with uterine morcellation, please visit Bernstein Liebhard LLP’s website. To obtain a free legal review, please call (888) 340-4807.
About Bernstein Liebhard LLP
Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993. As a national law firm, Bernstein Liebhard LLP possesses all of the legal and financial resources required to successfully challenge billion dollar pharmaceutical and medical device companies. As a result, our attorneys and legal staff have been able to recover more than $3 billion on behalf of our clients. The Firm has been named by The National Law Journal to the Plaintiffs’ Hot List, recognizing the top plaintiffs firms in the country, for the past 12 consecutive years. Bernstein Liebhard LLP is the only firm in the country to be named to this prestigious list every year since it was first published in 2003.
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