On October 15, 2015, the Judicial Panel on Multidistrict Litigation (JPML) issued a transfer order consolidating 20 power morcellator personal injury and wrongful death lawsuits into multidistrict litigation (MDL) No. 2652 in the U.S. District Court for the District of Kansas before Judge Kathryn H. Vratil. The number of cases included in the MDL is expected to rise as more women develop cancer as a result of power morcellator procedures and they or their surviving loved ones file lawsuits.
The MDL was requested by the plaintiffs. It allows plaintiffs to maintain individual lawsuits, but consolidates the pre-trial phase, including discovery. This can minimize costs for the plaintiffs and speed up the process. All of the defendants were opposed to the motion to transfer to MDL.
Dangers of Power Morcellators
In April 2014, the U.S. Food and Drug Administration (FDA) issued a safety warning discouraging the use of power morcellation in hysterectomy and myomectomy for uterine fibroids because of the risk of spreading previously undetected cancer cells throughout the abdomen and pelvis. According to the FDA one in 350 women undergoing these procedures have unsuspected uterine cancer.
When the cancer cells are spread by the power morcellator, the likelihood of long-term survival is significantly decreased. Women who were unaware of having cancer at all can receive their first diagnosis in the late stages, when it is too late to successfully treat the cancer.
If you have been harmed by power morcellator, or if someone you love has died as a result of power morcellation, please talk to an experienced defective medical device attorney right away to learn more about your rights.