A Power Morcellator settlement has reportedly been reached between Johnson & Johnson and approximately 70 women who claim that a Power Morcellator device sold by the company’s Ethicon unit caused undetected cancers to spread throughout their bodies. The device, which is now discontinued, was used by surgeons in hysterectomy procedures. The settlements are not expected to impact other claims, and affected women and their families may be eligible for compensation with the help of a Morcellator cancer lawsuit attorney.
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Power Morcellator Cancer Claims
A power morcellator is a surgical instrument used for removal of large masses of tissue during laparoscopic surgery. It has been commonly used in hysterectomy procedures, and has been promoted as beneficial to women due to its less invasive nature and requirement of shorter recovery times.
However, morcellator cancer lawsuits claim that the action of the device in cutting the uterus prior to removal spreads tissue throughout the pelvic and abdominal regions of the body. In women who have latent or undetected cervical cancers, the procedure can cause the spread of cancer and reduce long-term survivability for the disease.
Lawsuits claim that this process has rendered the device defective and unreasonably dangerous, and that power morcellator sellers, including Johnson & Johnson and its Ethicon unit, are liable for the damages caused by the device.
Is There a Power Morcellator Settlement?
The Wall Street Journal reports that the companies have reached a power morcellator settlement in 70 of the approximately 100 morcellator cancer claims pending against them. According to the article:
Of the 100 or so claims, J&J has settled nearly 70 over the past few months, he said, and more talks are ongoing.
J&J’s total outlay on the claims likely runs into the many millions, though individual settlement sums vary case by case. Some of its settlements so far have ranged from $100,000 to roughly $1 million, according to a person with knowledge of some recently resolved cases.
The New Brunswick, N.J., health-care giant also is in talks to resolve other morcellator claims it faces, according to lawyers with knowledge of those talks.
The report also notes that the companies knew or should have known that the devices disseminated cancer but didn’t take adequate action in relation to them.
As each case is different, it is not expected that the reported power morcellator settlement will impact other claims that are pending or that may be brought against companies who sold morcellator devices. Likewise, one power morcellator settlement does not guarantee the settlement of other cases.
How a Morcellator Cancer Attorney Can Help
Medical device makers have a duty to provide safe products. If there are risks of harm associated with their devices, they also must provide adequate warnings. If a device maker fails to fulfill this duty, it could be held liable in lawsuits for injuries that may result.
Patients who are injured by power morcellator may be entitled to compensation for damages, including:
- Medical expenses
- The permanency of the injury
- Pain, suffering, and mental anguish
- Loss of income or ability to work
If a patient dies from complications related to a defective power morcellator, family members may be entitled to compensation for the wrongful death of their loved one, including:
- Conscious pain and suffering of a loved one prior to death
- Pain, suffering, and mental anguish from the loss of a loved one
- Funeral expenses
Patients who have suffered severe complications from a power morcellator, as well as the families of those who have died as a result of complications with the device, are encouraged to seek the advice of a morcellator cancer lawsuit attorney to learn more about their rights and remedies.
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