Power morcellators are medical devices that are routinely used to shred up tissue in minimally-invasive hysterectomies and myomectomies, surgeries commonly undergone to treat adverse symptoms from benign uterine fibroids. Banville Law is located on the Upper West Side of New York city and has counseled families from all across the United States on power morcellator lawsuits.
Power Morcellators and Cancer-Spreading Risks
However, these devices can spread malignant cells when used on patients with undiagnosed uterine leiomyosarcoma (a rare but deadly form of cancer), causing the cancer to develop to an advanced stage, which often translates to a poor prognosis.
Do I Have a Case?
If you or your spouse underwent a minimally-invasive hysterectomy or myomectomy with power morcellation, and were later diagnosed with uterine leiomyosarcoma, you may be able to work with lawyers to fight for justice and receive significant financial compensation for your pain and suffering.
Consider carefully the details of your experience, especially the information and treatment you received prior to your surgery and what you experienced afterwards. Do you feel you were thoroughly informed about possible risks and alternative treatments before undergoing surgery?
Many of the plaintiffs from the current power morcellation cases feel that the life-threatening situation that they found themselves or their spouses in due to an advanced leiomyosarcoma diagnosis could have been prevented. They seek to hold device manufacturers liable for the following alleged actions:
- Failure to review research studies available long before FDA warnings were sent out in 2014, specifically those indicating the possible cancer-spreading tendencies of power morcellators and estimating incidence rates of unsuspected leiomyosarcoma, and also recent research directly studying the effects of power morcellators
- Failure to design and manufacture a safe product
- Failure to adequately test the safety of device models, both before the models were released and after they became available on the market
- Failure to accurately disseminate facts and figures regarding the risks of using power morcellators; plaintiffs allege that they were misled in various ways, including being given much lower undetected cancer incidence estimates than those established in well-known research studies
- Misrepresenting the safety of their products by omission of facts or other methods
Even with a solid case, these lawsuits can prove daunting for plaintiffs and their legal counsel. In cases involving potentially dangerous medical devices such as power morcellators, the defendants are generally large, powerful corporations that can afford teams of experienced, high-profile lawyers to defend against patient claims.
This is why it is important to find qualified lawyers to fight for you. Not every personal injury attorney will have the necessary experience, knowledge, and resources to take on the considerable challenge of a medical device suit.
The Morcellator Lawyers at Banville Law Can Help You
Banville Law possesses that unique mix of qualities needed for successful litigation in this difficult field, with a team of lawyers experienced in working on cases against large companies.
Laurence Banville, Esq., the founder and head of Banville Law, offers a significant advantage to the firm with knowledge from his prior work as a corporate defense attorney, where he represented companies facing lawsuits involving asbestos exposure. Such familiarity with corporate defense strategies aids him in anticipating and countering the opposition in his current work leading a law firm specializing in personal injury cases.
Also, to further add to the expertise of our own lawyers, for power morcellator-related cases, Banville Law is collaborating with the distinguished Tracey & Fox firm. Sean Tracey, partner at Tracey & Fox, is well-established as a product liability and medical malpractice attorney, and he and the other lawyers at Tracey & Fox have successfully fought against large medical companies.
With both of our firms at your disposal, you can be sure you will receive experienced legal counsel for your case.
In addition to the considerable knowledge base of our team and of our collaborators, we strive to truly connect with our clients and provide them with caring, compassionate service. We deeply sympathize with the pain and the loss you may have endured, and we are here to help you gain justice for the wrongs inflicted on you and your loved ones.
A case evaluation with our lawyers will be provided for free and with no obligation, and if you have a viable case, we will work for you on a contingency-fee basis. This means that you will not pay anything until we have secured a settlement or court award for you.
Power Morcellator Victims Are Filing Claims
After undergoing what they believed were relatively safe, routine surgical procedures, these unfortunate women found themselves diagnosed with advanced leiomyosarcoma. Plaintiffs say they now face short estimated life expectancies, intense pain and stress from disease complications and grueling cancer treatment plans. In some cases, patients have suffered an early death.
Some of these victims and widowers of victims have filed product liability claims against the device manufacturers that produced the power morcellators used in the victims’ surgeries, with allegations of negligence, defective product design and manufacture, misrepresentation and omission of possible risks, and breach of both express and implied warranties.
At least 22 power morcellator-related cases have been filed in federal court, with the number likely being higher with the inclusion of state courts.
These cases have been filed fairly recently and so most are still in progress, but one case was resolved in a settlement agreement in late June, right before it was scheduled to go to trial. This case was among the first power morcellator cases, filed by Pennsylvania resident Scott Burkhart on behalf of his wife Donna, who passed away from cancer complications, against device manufacturer LiNA Medical.
As an estimated 100,000 power morcellator-aided hysterectomies and myomectomies were performed in the U.S. each year, according to The Cancer Letter, Inc., it is expected that there are more victims who have yet to come forward to file a lawsuit.
Act Now—or You May Lose Your Right to File
We can help you in fighting for your right to significant compensation for the trauma, pain, and heartache you may have endured.
However, keep in mind that each state enforces a statute of limitations, which dictates the time period in which you can file a claim. Call the New York power morcellator lawyers at Banville Law today, at no cost and no obligation, and get a head start in exploring your legal options.