As of March 15, 2016, there are approximately 31 lawsuits concerning power morcellators that are pending in federal court. The majority of the lawsuits have been filed against Johnson & Johnson’s Ethicon unit.
The women who are involved in the litigations all had hysterectomies or uterine fibroids that were removed by the use of power morcellators. The plaintiffs all indicate that J&J and its Ethicon division failed to warn both physicians and patients about the potential risks connected to the devices. The risk that the devices could exacerbate and spread undiagnosed uterine cancer and spread it through the body is of the most concern. When cancer is spread in such a manner, it makes the disease more difficult to treat. Some of the plaintiffs who filed suit against the company later died. Lawyers for the plaintiffs are attempting to speed up litigation in the cases so that they can get their day in court and have their cases heard.
Johnson & Johnson has indicated that it expects that it will spend millions in settling the cases. The settlements in the cases will vary depending on the circumstances of the case and the injuries that were caused by the medical devices. The amounts that have been settled so far between J&J and plaintiffs have ranged between $100,000 to about $1 million, according to a recent article which was published in The Wall Street Journal.
According to attorneys, J&J is already in talks to settle more of its morcellator lawsuits, including those it faces in state courts throughout the country.
In the meantime, both the attorneys for plaintiffs and Johnson & Johnson expect that more cases will likely be filed. According to court transcripts during one of the cases, the attorney for the plaintiff remarked that he had “another 40 morcellator cases” that were ready to be filed.
Who can tell how many women have yet to file a lawsuit against the manufacturers of power morcellators because the devices were the cause of their uterine cancer worsening? There are likely many more that have already lost their battle with cancer who have no idea what really happened. If you or someone you care about has had surgery that involved a power morcellator and they were harmed as a result, you could be entitled to financial compensation in a class action lawsuit.
Contact the law offices of John Foy & Associates to schedule a free consultation regarding your case. Call (404) 800-4635 today.