Update: New Johnson and Johnson/Ethicon MDL Created For Morcellator Cancer Cases

Posted On October 16th, 2015 By CSSFIRM.COM

The Judicial Panel on Multidistrict Litigation consolidated 15 federally filed morcellator cases on Thursday for pre-trial discovery and trial work up. The request for the Morcellator MDL was made by Plaintiffs in an effort to streamline the litigation and fast track the efficient handling of the claims affecting the lives of women all over the United States.

IN RE: POWER MORCELLATOR PRODUCTS LIABILITY LITIGATION, MDL 2652, will include the following defendants: Johnson & Johnson; Johnson & Johnson Services; Ethicon, Inc.; and Ethicon Endo-Surgery, Inc. (Collectively together, Ethicon Defendants).  J&J Morcellation MDL Order 10.15.15

What is a morcellator?

A morcellator is a device used in tens of thousands of laparoscopic hysterectomies and myomectomies each year. It is used to shred tissue. If a woman has a hysterectomy involving a morcellator, Morcellatorthe device is used to shred the uterus into small pieces that can be removed via a small incision, allowing for a faster recovery.

In the case of a myomectomy, the device is used to cut and remove fibroids from uterine tissue.

How does a morcellator spread cancer?

The FDA estimates that 1 in 350 women who undergo uterine surgery has an undetected sarcoma, or cancer, in the uterus. The risk of this cancer appears to increase with age, according to a study by the Journal of the American Medical Association.

The shredding action of a power morcellator can spread the cancerous tissue throughout the abdomen, hastening the cancer’s development.

According to the JPML Panel in its Order of October 15, 2015:

We are persuaded that the District of Kansas is an appropriate transferee district for this nationwide litigation. This district is centrally located and easily accessible for all parties. Furthermore, centralization in this district allows us to assign the litigation to a skilled and efficient jurist with a wealth of MDL experience.

IT IS THEREFORE ORDERED that the actions listed on Schedule A are transferred to the District of Kansas, and, with the consent of that court, assigned to the Honorable Kathryn H. Vratil for coordinated or consolidated pretrial proceedings.

Cancer is a physical, emotional and financial hardship. If you were harmed due to a morcellator, you shouldn’t have to bear this cost. You have a right to seek accountability and compensation for the company that sold this device without adequate warnings, and we may be able to help you do it.

You want an attorney who has handled cases involving defective medical products before. At Childers, Schlueter & Smith, we are those attorneys and have already filed morcellator lawsuits in this morcellator litigation. Andy Childers in our office heads up our Morcellator claims department and would be glad to speak with you about your specific situation.

Childers, Schlueter & Smith

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