Lina Medical, Power Morcellator Lawsuit Plaintiff Reach Settlement in Case Scheduled for November Trial, Bernstein Liebhard LLP Reports

Jul 07, 2015, 10:59 ET from Bernstein Liebhard LLP

NEW YORK, July 7, 2015 /PRNewswire/ -- A power morcellator lawsuit ( filed against Lina Medical ApS has been settled for an undisclosed amount, Bernstein Liebhard LLP reports. According to court documents, the case was filed in March 2014 in the U.S. District Court, Eastern District of Pennsylvania, on behalf of a widower whose wife had died in February 2013, just 11 months after she had undergone a hysterectomy that involved the use of a power morcellator. Following the surgery, it was discovered that she had leiomyosarcoma, a rare but aggressive form of uterine sarcoma. Her husband had alleged that the morcellator used in her surgery had facilitated the spread and upstaging of the undetected cancer cells present in her uterus.  The lawsuit was one of the first to involve such allegations, and was expected to go to trial in November. (Case 5:14-cv-01557-LS)

"The news of this settlement is extremely encouraging, as the allegations put forth in this morcellator lawsuit echo those included in numerous other cases currently pending in U.S. courts," says Sandy A. Liebhard, a partner at Bernstein Liebhard LLP, a nationwide law firm representing victims of defective drugs and medical devices. The Firm is providing free legal consultations to women who were diagnosed with advanced uterine cancer following surgery with a power morcellator.

Power Morcellator Litigation

Power morcellators are used in minimally-invasive hysterectomies and uterine fibroid removal surgeries to shred tissue so that it may be removed through a small abdominal incision. On April 17, 2014, the U.S. Food & Drug Administration (FDA) issued a public alert which discouraged doctors from using the devices in gynecological procedures, due to their potential to spread and upstage undetected uterine cancers. This past November, the agency updated its earlier alert, and warned that the devices should not be used on a majority of women who require these types of surgeries because of this risk. Among other things, the FDA pointed out that screening for uterine malignancies prior to surgery is unreliable, and noted that a woman's odds of long-term survival are greatly reduced if these cancers are allowed to spread beyond the uterus.

Court documents indicate that at least 21 additional power morcellator lawsuits are currently pending in federal courts around the U.S. On June 18th, six of these plaintiffs filed a Motion for Transfer with the U.S. Judicial Panel on Multidistrict Litigation (JPML) seeking to have all federal morcellator claims consolidated in a single court for the purposes of coordinated pretrial proceedings. Among other things, the Motion asserts that numerous additional filings are expected, and contends that consolidation will improve judicial efficiency and preserve the resources of the courts, parties and witnesses.  (In Re: Power Morcellator Products Liability Litigation, MDL No. 2652)

Women who allegedly experienced the spread of uterine cancers due to a power morcellator may be entitled to compensation from the manufacturer of the device used in their surgery. To learn more and to arrange for a free review of your potential claim, please visit Bernstein Liebhard LLP's website. To obtain a free legal review, please call (888) 340-4807.

About Bernstein Liebhard LLP
Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993. As a national law firm, Bernstein Liebhard LLP possesses all of the legal and financial resources required to successfully challenge billion dollar pharmaceutical and medical device companies. As a result, our attorneys and legal staff have been able to recover more than $3 billion on behalf of our clients. The National Law Journal has recognized Bernstein Liebhard for twelve consecutive years as one of the top plaintiffs' firms in the country. Bernstein Liebhard LLP is the only firm in the country to be named to this prestigious list every year since it was first published in 2003.

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ATTORNEY ADVERTISING. © 2015 Bernstein Liebhard LLP. The law firm responsible for this advertisement is Bernstein Liebhard LLP, 10 East 40th Street, New York, New York 10016, (888) 340-4807. Prior results do not guarantee or predict a similar outcome with respect to any future matter.

Contact Information:
Sandy A. Liebhard, Esq.
Bernstein Liebhard LLP

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