Rheingold, Giuffra, Ruffo & Plotkin LLP brought suit this week against Karl Storz Inc., makers and distributors of a power morcellator. The case alleges that the device caused the spread of cancerous cells in Plaintiff.
The case, Simpson v. Karl Storz, Inc., 1:15-cv-07556-JPO, USDCNY, was assigned to Judge J. Paul Oetken in the Southern District Court of New York. The suit involves a Plaintiff who underwent a partial hysterectomy on November, 2012, utilizing a Rotocut power morcellator. After pathology testing it was determined that cancer cells existed in the resected fibroid tissue. Plaintiff was subjected to a more complete hysterectomy and removal of tissue on December, 2012. In 2015 unfortunately it was found that the cancer had spread widely throughout Plaintiff's pelvic region. Plaintiff continues to receive care for her ongoing injuries.
Liability asserted in this case is based upon the refusal of the German manufacturer to recall device or add a warning, as compared to other manufacturers of morcellators which stopped sales. On April 17, 2014, the Food and Drug Administration (FDA) issued a safety communication which stated that the "FDA discourages the use of laparoscopic power morcellators during hysterectomy or myomectomy for uterine fibroids." www.fda.gov/MedicalDevices/Safety/AlertsandNotices/ucm393576.htm.
On Nov. 24, 2014, the FDA issued a follow up safety communication, based upon a review of medical literature from 1980 forward, which warns against the use of morcellators in the majority of women under hysterectomy surgery for fibroids. http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm424435.htm.
The defendants in this case include the manufacturers and suppliers of the Rotocut power morcellator: Karl Storz Endoscopy-America, Inc., Karl Storz Endovision, Inc., and Karl Storz Gmbh & Co. Kg. There is currently an application before the Judicial Panel on Multidistrict Litigation, moving to consolidate the litigation into an MDL.
RGRP is a national firm located in New York City, handling personal injury cases including mass torts, a field which includes the power morcellator litigation. Contact Paul D. Rheingold today if you or someone you know has been injured by a power morcellator. We will help you recover eveything you deserve.