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(USGovernment-News.Com, May 17, 2015 ) Birmingham, AL -- A power morcellator lawsuit filed on behalf of a Fairport, New York, woman who was diagnosed with cancer after undergoing a robot-assisted hysterectomy with uterine morcellation, has been amended to include her death in October. The power morcellation lawsuit alleges that the woman did not have cancer before undergoing the hysterectomy in September 2012. However, she was diagnosed with uterine leiomyosarcoma the same month in which she had her surgery. The woman then underwent aggressive cancer treatment and therapy after learning of her diagnosis. The power morcellator lawsuits asserts that Ethicon, which manufactures the Morcellex morcellator and is named as a defendant, was aware of the risk associated with its product but failed to promptly and adequately warn of the potential of its morcellator to disseminate cancer throughout the peritoneal cavity. Court documents show that pretrial proceedings are underway for the power morcellation lawsuit in the U.S. District Court, Eastern District of New York.
According to a docket entry for the morcellation complaint, the discovery process for the lawsuit is scheduled to be completed on September 24. (Case No. 6:14-cv-06218, U.S. District Court, Western District of New York)
The New York woman and her husband, are being represented by Dr. François Blaudeau, founder of Southern Med Law, and Andy Alonso of Alonso Krangle LLP. Dr. Blaudeau and Mr. Alonso were the first to file a power morcellation lawsuit in U.S. District Court, Eastern District of New York. As an attorney and a practicing obstetrician/ gynecologist, Dr. Blaudeau has a unique understanding of the complex medical and legal questions regarding issues surrounding laparoscopic power morcellators used in surgical procedures in women.
“Our morcellation lawsuit contends that Ethicon hid its full knowledge and experience about the potential dangers of its morcellator from the general medical community, the National Institutes of Health and the U.S. Food and Drug Administration (FDA),” says Dr. Blaudeau. “The lawsuit also contends that Ethicon disregarded the safety of the users of its morcellator, including the plaintiff and her doctors and the hospital in which she had the power morcellation surgery.”
The court document accuses Ethicon of failing to conduct adequate and appropriate testing of its Morcellex morcellator to determine the possible side effects of the medical device before putting it on the market. The power morcellation complaint further states that in light of the medical device’s potential harm to humans, Ethicon did not recommend testing and monitoring of patients who underwent uterine morcellation neither did the company adequately monitor the post-market performance of its morcellator and its effects on patients.
According to the morcellator lawsuit, Ethicon failed to “respond or react promptly and appropriately” to reports about its Morcellex morcellator causing harm to patients and it did not take the product off the market or restrict its use. The morcellator complaint alleges that Ethicon instead hid its knowledge about the potential dangers of the morcellator from the U.S Food and Drug Administration, the National Institutes of Health, and the general medical community.
About Southern Med Law and Dr. François Blaudeau
The staff at Southern Med Law is not only trained in successfully handling your legal needs but also understand the pain and suffering and treatment from a medical point of view, and is committed to protecting the rights of all individuals. A dedicated leader in medical injury litigation, Southern Med Law has successfully taken on some of the largest medical companies on behalf of their clients. If you or someone you love had a hysterectomy with power morcellation, and developed uterine cancer or leiomyosarcoma, contact Southern Med Law to inquire about filing a power morcellator lawsuit.
Southern Med Law offers free legal consultations to those who have developed leiomyosarcoma cancer due to power morcellation. Call 1-205-547-5525 or fill out our online form located on the southernmedlaw.com website.
Southern Med Law
The Southern Institute for Medical and Legal Affairs
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