The widower of a woman who died in 2013 after undergoing a robotic hysterectomy with a power morcellator at Brigham and Women’s Hospital (BWH) has filed a lawsuit against the medical center, the latest in a growing number of complaints involving the controversial medical devices.
Free Morcellator Lawsuit Evaluation: If you or a loved one developed cancer after undergoing surgery with a laparoscopic power morcellator, you should contact our law firm immediately. You may be entitled to compensation by filing a suit against the manufacturer of the morcellator and our lawyers can help.
What’s the Problem?
June 26, 2015 – Plaintiff Rick Kaitz alleges BWH knew that laparoscopic power morcellators could spread undetected cancer, but that the hospital failed to inform his wife about this risk. Erica Kaitz died in Dec. 2013 at the age of 52, about 18 months after undergoing the surgery.
The wrongful death lawsuit, which was filed last week in Suffolk County Superior Court in Boston, also names the surgeon who performed the procedure and Karl Storz GmbH & Co. KG, the company that made the morcellator.
To date, at least 22 morcellator lawsuits have been filed in 16 federal courts, with an additional 300 cases being investigated, according to a recent filing with the U.S. Judicial Panel on Multidistrict Litigation (JPML) by lawyers seeking to consolidate the complaints in one jurisdiction. A number of other lawsuits are pending in state courts, according to the filing.
In April 2014, the U.S. Food & Drug Administration (FDA) warned that women undergoing hysterectomy and fibroid removal surgery have an approximately 1 in 350 chance of having previously undiagnosed cancer that morcellators can spread and worsen. The agency called for a so-called “black box warning” — the strongest warning allowed by law — on the tool. Johnson & Johnson, which was the largest morcellator manufacturer in the U.S., pulled its version off the market last July. Most hospitals either have stopped or severely restricted use of the devices.
In November, the Wall Street Journal reported that doctors at BWH continued to use morcellators for 2 years after compiling data in 2011 that raised safety questions about the devices. The hospital said in November that the data was too limited in 2011 to support discontinuing use of the tools.
Do I Have a Morcellator Lawsuit?
The Medical Device Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in laparoscopic power morcellator lawsuits. We are handling individual litigation nationwide and currently accepting new morcellation cancer cases in all 50 states.
Free Morcellator Cancer Lawsuit Evaluation: Again, if you or a loved one was diagnosed with cancer after undergoing surgery with a laparoscopic power morcellator, you should contact our law firm immediately. You may be entitled to compensation by filing a Morcellation Cancer Suit and our lawyers can help.