So many power morcellator lawsuits have been filed that the legal system is currently figuring out how best to coordinate them.
What are Power Morcellators?
Power morcellators are a type of surgical tool, used in laparoscopic surgery. In laparoscopic surgery, surgeons perform the bulk of an operation inside the body, using specialized tools.
In surgeries where surgeons have to remove tissues larger than the tiny incisions they use in laparoscopic surgery, they have to cut them within the body. That’s where power morcellators come in.
Power morcellators are tiny cutting tools used to break up tissue to remove it from the body during laparoscopic surgery. Though laparoscopic surgery boasts faster healing time and usually less risks than regular surgery, it has been alleged in several hundred power morcellator lawsuits that the device can cause serious complications.
Frequently, doctors used power morcellators in procedures to remove benign ovarian cysts and hysterectomies. However, research has indicated that many benign cysts contain dangerous cancer cells, which are bound up in tissue.
Using power morcellators—which are essentially tiny power tools—may liberate these cancer cells and help them spread. Since how far a cancer has spread within the body is a major determination of the outcome, this could turn a benign or slowly growing tumor into an advanced-stage case of cancer. This alleged process is called “upstaging” a cancer.
Morcellator Lawsuits May Be Consolidated
So many power morcellator lawsuits have been filed that the legal system is considering a process called multidistrict litigation or an MDL to coordinate the various power morcellator lawsuits together.
Under US law, similar cases can get grouped together to coordinate them. This could allow the various power morcellator lawsuits to act almost like a giant power morcellator class action lawsuit, allowing earlier cases to summarily impact later cases, streamlining the legal process.
The makers of power morcellators have opposed the forming of an MDL, saying that power morcellator lawsuits involve many different types, models, and manufacturers of the devices, not a monolithic block of case.
However, a preliminary statement was filed in early September of 2015 by the plaintiffs argues that the various power morcellator lawsuits make substantially similar claims and hinge on substantially similar evidence, making them ideal for inclusion in a massive MDL instead of multiple independent lawsuits or multiple MDLs.
For example, the bulk of the power morcellator lawsuits hold that power morcellators upstage uterine cancer, causing advanced disease.
Through the month of October, various hearings will allow the US Judicial Panel on Multidistrict Litigation to decide if it will create an MDL from the power morcellator lawsuits. The JPML is a part of the US legal system has the authority to create an MDL, though cases may play out in other courts.
The potential Power Morcellator MDL is In Re: Power Morcellator Products Liability Litigation, MDL Docket No. 2652, before the U.S. Judicial Panel on Multidistrict Litigation.
Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The morcellation cancer attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you. [In general, morcellator cancer lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.
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If you or a loved one were diagnosed with cancer in the uterus, pelvis or abdomen within two years of undergoing surgery for a myomectomy (removal of fibroids), hysterectomy (removal of the uterus), oophorectomy (removal of the ovaries), or salpingectomy (removal of fallopian tubes), you may have a legal claim. See if you qualify by filling out the short form below.
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