The Federal Court of the Eastern District of Texas has awarded $3.1 million to patients who were treated with a power morcellator, without their consent or knowledge.
This is only one step on the long road to justice for women and unborn children whose lives were taken unlawfully due to medical malpractice during pregnancy. Patients are still waiting for more favorable outcomes in other cases filed against doctors who used a power morcellator during surgery, but this case sets precedent which will provide hope for others seeking recourse from similar treatment received by another doctor performing an abortion procedure.
The “class action lawsuits 2020” is a class-action lawsuit that was filed by women who claimed they had been harmed by the power morcellator, which is a medical device used to remove uterine fibroids. The lawsuit alleged that the device caused severe bleeding and pain during surgery.
While no power morcellator claims have gone to trial yet, several have been resolved behind closed doors.
Hundreds of power morcellator injury and wrongful death cases have been filed against a variety of device manufacturers in state and federal courts.
Prior to their withdrawal from the market in 2014, Johnson & Johnson (via its Ethicon company) was the global leader in morcellator sales. With around 100 total claims against them, J&J is facing the lion’s share of morcellator litigation, while Richard Wolf GmbH, Karl Storz GmbH, and Medical LiNA are also facing charges. To consolidate J&J/Ethicon morcellator claims, a multidistrict litigation (MDL) was established in federal court in Kansas.
While no power morcellator claims have gone to trial yet, several have been resolved behind closed doors. Companies often settle disputes to avoid public exposure of the facts and huge judgments from sympathetic juries who may impose “punitive” damages to punish defendants and discourage such behavior in the future.
In July 2015, Lina Medical reached a secret settlement in a morcellator case. A Pennsylvania man brought the claim after his wife received a morcellator-assisted hysterectomy and died of sarcoma cancer 11 months later.
According to The Wall Street Journal in March 2016, Johnson & Johnson has resolved around 70 percent of the morcellator claims it is facing. Individual settlements are believed to vary between $100,000 and $1 million, depending on a woman’s age, general health, and whether or not she has children. The devices spread undiscovered malignancies, according to J&J morcellator claims, and the maker knew (or should have known) about this danger but failed to sufficiently warn the public.
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The “top class action lawsuit 2021” is a top class action lawsuit that was filed in the United States District Court for the Northern District of California on April 4, 2016. The lawsuit was brought against Johnson & Johnson and their subsidiary Ethicon, Inc., alleging that their power morcellator devices were defectively designed, causing uterine perforations during surgical procedures.
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