Power Morcellator Cancer Lawsuits Bring Up Liability Questions
August 4th, 2015|
Technological advances in the field of medical devices has led to the development of safer and more efficient procedures, but some of these devices may be putting patients’ health in jeopardy.
Hundreds of power morcellator cancer lawsuits were filed after patients developed cancer after undergoing procedures utilizing the devices. The U.S. Food and Drug Administration (FDA) has stated that women with uterine fibroids have a 1-in-350 chance of carrying cancerous cells. When the morcellator is used to remove fibroids, these cancerous cells can be released into the body where they can metastasize in a very short period of time. The FDA has called for tighter restrictions on the device, and many patients who developed cancer are now seeking compensation.
So, who is responsible for covering the expenses associated with power morcellator cancer? Is the manufacturer of the device to blame? Is the FDA responsible for failing to warn the public about the dangers of the device, or should the doctor who used the device be considered at fault?
One Texas lawmaker stated in the Dallas Observer that the doctor should be held liable. Still others say the manufacturer should have conducted further testing to ensure patient safety.
A petition was started calling for the lawmaker to explain his stance.
At Ferrer, Poirot & Wansbrough, our defective product lawyers are hopeful this debate can be useful in determining who is to blame for the hundreds of injuries associated with power morcellators.