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Patients Harmed by Power Morcellators May Have a Legal Claim

David W. Hodges
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Partner at Kennedy Hodges LLP practicing pharmacy error, medical malpractice and personal injury law
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If you were diagnosed with cancer after undergoing a procedure in which a power morcellator was used, you may have a claim for damages against the device’s manufacturer. Studies have shown that there is a link between the use of these devices and the spread of undiagnosed cancer. Power morcellators were commonly used in the removal of non-cancerous growths in the uterus, during hysterectomies, and during certain kidney and spleen surgeries.

Five Causes of Action Relating to Power Morcellator Lawsuits

Several patients who were diagnosed with cancer after a procedure involving a power morcellator have since pursued lawsuits against device makers. These lawsuits outline several causes of action. The following is an overview:

  1. Negligence – These complaints argue that the makers of power morcellators breached the duty of care that they owed to the public.
  2. Fraudulent misrepresentation – These complaints argue that the defendant companies presented power morcellators as safe and effective when in fact they were not.
  3. Failure to warn – These complaints allege that device makers did not warn the public that power morcellators could cause the spread of cancer.
  4. Failure to properly test – These complaints argue that device makers did not properly test the power morcellators before selling them to the public.
  5. Consumer risk – These complaints allege that the device makers were aware of the dangers associated with the devices but continued to profit from their sales regardless.
  6. Failure to recall – These complaints argue that the manufacturers of power morcellators should have stopped selling the devices due to the potential harm that could be caused. Instead, the manufacturers failed to recall the devices or remove them from the market.

If you were injured by a power morcellator, it is important to act quickly in order to protect your legal rights. We encourage you to reach out today for a consultation at 888-526-7616.


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