Drug & Device News

The U.S. Judicial Panel on Multidistrict Litigation has been asked to consolidate 21 federal suits against several makers of power morcellators, devices used to perform hysterectomies or to remove uterine fibroids. Morcellators grind up tissue so that it can be removed through a small incision in the abdomen, allowing for a smaller incision and quicker recovery time for patients who opt for this type of procedure over traditional surgical methods. However, the FDA warned medical care providers and the public of the dangers of using power morcellators in April, explaining that they could spread cancerous cells from the uterus to the abdomen and pelvis of a patient with undiagnosed cancer. This could lower a woman's chances of recovery and survival. No morcellator cases have yet gone to trial, though one has settled for an undisclosed amount. The manufacturers named in the 21 suits that are the subject of the motion for consolidation are Johnson & Johnson's subsidiary Ethicon, Karl Storz GmbH, Richard Wolf GmbH and Gyrus, a division of Japan's Olympus of Japan. All the defendants oppose consolidation.

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Unnecessary Test Leads to Plaintiff Award

A plaintiff injured by a dye used to diagnose her medical compliant has agreed to settle for less than the $3.62 million recovery she was awarded by a jury. The 52-year-old plaintiff in Johnson v. UMDNJ went to the Emergency Room of Newark, NJ's University Hospital, complaining of leg pain and vaginal bleeding. She was administered a contrasting dye prior to undergoing a CAT scan. The patient was allergic to the dye, which caused her blood pressure to spike, which resulted in a brain aneurysm. Although she immediately underwent surgery, the plaintiff was left with some paralysis and with cognitive deficits that now prevent her from returning to her teaching position at Rutgers University. She brought suit against the hospital, claiming, among other things, that the CAT scan was unnecessary. UMDNJ countered that the scan was necessary as a means to to rule out a stomach abscess, and that the plaintiff's aneurysm was caused by a previous medical condition. No diagnosis of the plaintiff's original complaints was ever made. The plaintiff was awarded $3.62 million, but she entered into a settlement agreement with the hospital for a lesser, undisclosed, amount.

Plaintiffs Move to Consolidate Power Morcellator Cases

The U.S. Judicial Panel on Multidistrict Litigation has been asked to consolidate 21 federal suits against several makers of power morcellators, devices used to perform hysterectomies or to remove uterine fibroids. Morcellators grind up tissue so that it can be removed through a small incision in the abdomen, allowing for a smaller incision and quicker recovery time for patients who opt for this type of procedure over traditional surgical methods. However, the FDA warned medical care providers and the public of the dangers of using power morcellators in April, explaining that they could spread cancerous cells from the uterus to the abdomen and pelvis of a patient with undiagnosed cancer. This could lower a woman's chances of recovery and survival. No morcellator cases have yet gone to trial, though one has settled for an undisclosed amount. The manufacturers named in the 21 suits that are the subject of the motion for consolidation are Johnson & Johnson's subsidiary Ethicon, Karl Storz GmbH, Richard Wolf GmbH and Gyrus, a division of Japan's Olympus of Japan. All the defendants oppose consolidation.

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