Morcellator Wrongful Death Suit Settlement Announced, Says Legal-Bay

Case Funding Firm says that LiNA Medical settled the case for an undisclosed amount earlier this month for a lawsuit filed in March 2014 regarding the death of a woman after she underwent a hysterectomy performed with a power Morcellator.

Jul 24, 2015, 05:00 ET from Legal-Bay LLC

ATLANTA, July 24, 2015 /PRNewswire/ -- Legal-Bay LLC, the Lawsuit Settlement Funding Company, announced today that LiNA Medical has settled a case against them for an undisclosed amount over a power morcellator death case. The company settled the case before it even went to trial, and there are approximately 20 other morcellator lawsuits at this time. According to Drug Watch, the company did not comment on the settlement. This case was one of the first laparoscopic power morcellator lawsuits filed in federal court, and according to the U.S. FDA, as many as 1 in 350 women are "suspected of having undiagnosed uterine sarcoma that may be spread during morcellation." The victim's husband filed the suit, stating she had no evidence of cancer or disease prior to her surgery in March of 2012, however, about a week after she had the procedure, doctors told her she had cancer, and she died at 53 – only 11 months after the surgery. Johnson & Johnson's Ethicon unit and Blue Endo were also named in the lawsuit which was filed in the U.S. District Court for the Eastern District of Pennsylvania, claiming they failed to warn about the possible risk of the spread of undiagnosed cancer, however there has been no report that either J&J or Blue Endo settled their portion of the claims.

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Morcellators have been used in different laparoscopic surgeries including hysterectomy and myomectomy procedures as well as laparoscopic spleen and renal surgeries. While the morcellator device provides a less-invasive surgery and quicker recovery time, the following have been listed as potential side effects: spread of malignant tissue, advanced-stage cancerous growths, and metastatic leiomyosarcoma, an aggressive uterine cancer. Johnson & Johnson has voluntarily pulled the Morcellator device product from the market (or recalled it) after facing harsh criticism for not failing to act faster in regard to their transvaginal mesh claims and DePuy Hip cases. In both of those cases, J&J agreed to settle a portion of those claims totaling over $2 billion.   

Patty Kirby, COO and Head of Client Relations, commented on the recent settlement, "Although the first Morcellator case has been settled, liability still remains in question. In addition, it is uncertain as to the amount the awards could be. While most companies are not funding Morcellator pre-settlement cases, we continue to be a leader in mass tort funding and have approved these cases for plaintiffs and their families who wait for their cases to be heard in the courts."   

Legal-Bay urges users of Morcellator products, or family members who have had a loved one injured or deceased as a result of a cancer diagnosis, to contact a law firm immediately. Legal-Bay works with nationally recognized Morcellator law firms and attorneys who can assist you with obtaining a free legal consultation on your potential lawsuit claim if you have not retained a lawyer yet. To request to speak with a qualified Morcellator lawyer, contact Legal-Bay at:

Legal-Bay's programs are non-recourse lawsuit cash advances, also known as case funding. None of the programs should be considered to be a settlement loan, settlement loans, lawsuit loan, lawsuit loans, pre-settlement loans, or a pre-settlement loan. To learn more about Legal-Bay's Funding Process visit:

To apply right now for pre-settlement lawsuit funding, which can be approved within 24 to 48 hours, feel free to contact Legal-Bay on the company's 24-hour hotline at: 877.571.0405.

You may also fill out an online application to receive a free evaluation on your case at:

Legal-Bay LLC (as well as their related companies) is not a law firm and cannot provide legal advice on your case; however, Legal-Bay works with lawyers involved in mass tort litigations who can provide you with a free legal consultation at the consumer's direction.

Contact:  Patty Kirby, COO/Head of Client Relations
                 Ph. 877.571.0405 Email: