December 29th, 2015|
Controversy continues to swirl around the use of a device known as the power morcellator to remove uterine fibroids from the bodies of women.
In 2014, the U.S. Food and Drug Administration (FDA) ordered doctors and surgeons to discontinue the use of the power morcellator when performing procedures like hysterectomies due to an increased risk of the patient developing cancer. Research linked the disease to the device after it was discovered that dormant cancerous cells could be released into the body by the device, which led to several power morcellator cancer lawsuits being filed.
Doctors are now contesting these claims, saying the FDA relied on flawed research when issuing the ruling. An article from Reuters explains the medical professionals say the studies that were used during the FDA’s decision-making process were flawed and lacked credibility. For instance, the studies included three cases where the patient developed leiomyoma, which doesn’t meet the current standards and definitions for cancer.
The doctors go on to claim that making women undergo more invasive procedures than the use of the power morcellator increases the risks for hospital-acquired infections and other surgical complications, including death.
The legal staff at Ferrer, Poirot & Wansbrough recognize the dangers the use of a defective medical product can pose to patients and our team is anxiously awaiting the FDA’s response to the claims that have recently been made regarding the use of the power morcellator during surgery.
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.
April 24th, 2008|
April 24, 2008
The FDA reported that Kentucky Fried Chicken has recalled one its desserts due to mislabeling and the risk for defective product injury to patients who suffer from food allergies.
KFC’s Double Chocolate Chip Cakes have been nationally recalled for potential defective product injuries because the product may contain amounts of egg, wheat, milk, and soy ingredients, as well as tree nuts, and the products are not individually labeled with ingredients listed to help people with food allergies avoid the ingredients.
People with allergies to these products could suffer severe or life-threatening illnesses if they consume the cakes.
One defective product injury, an allergic reaction, has been reported because of the KFC dessert.
Products without proper ingredients listing could cause Texas defective product injuries.
April 22nd, 2008|
April 22, 2008
The U.S. Consumer Product Safety Commission is investigating artificial turf on playgrounds and sports fields due to the potential for defective product injuries, the New Jersey Health Department reported.
The artificial turf could contain high levels of lead and that athletes and children could swallow the dust from the turf and suffer potential defective product injuries.
Artificial turf on playgrounds and sports fields is currently under investigation for lead toxicity because of the pigment containing lead chromate that is used in the production of some turfs.
Artificial turf containing high levels of lead could be a potential risk for Texas defective product injuries.
April 18th, 2008|
April 17, 2008
The FDA reported that it has seized $100, 000 worth of Shangai Regular, Shangai Ultra, Super Shangai, Naturalë Super Plus, and Lady Shangai, which are labeled as natural supplements but may cause defective product injuries.
These drugs claim to treat erectile dysfunction, impotency, or to provide sexual enhancement, but they contain ingredients that are not listed on their labels and may interact with medications patients may already be taking, causing potential risks for defective product injuries.
The drugs could interact with other medications and lower blood pressure to dangerous levels, resulting in defective product injuries.
These products labeled as “natural supplements” could cause potential Texas defective product injuries.
April 15th, 2008|
April 15, 2008
The cereals responsible for the defective product injuries, including salmonella, were sold under the brand name Malt-o-Meal and other private label names, and they are marked with expiration dates of “APR0808” and “MAR1809” .
The FDA recommends that consumers dispose of the products with potential risk of defective product injuries. Stores should immediately pull these items from their shelves.
These cereals could be responsible for Texas defective product injuries.
April 1st, 2008|
April 1, 2008
The Associated Press reports that Dole Fresh Fruit Company is joining other firms in recalling cantaloupes grown, packed, and shipped by a Honduran grower amid reports of defective product injuries, including salmonella.
Dozens of cases of defective product injuries resulting in salmonella have been reported after consumption of cantaloupes from a Honduran provider.
14 of the defective product injuries resulted in hospitalizations.
Dole joins Chiquita and Simply Fresh fruit providers in recalling cantaloupes that could be responsible for defective product injuries.
Contaminated cantaloupes could cause Texas defective product injuries.
March 27th, 2008|
March 27, 2008
These products are marketed as diet products but may have undeclared ingredients, have not been proven safe or effective by the FDA, and may cause defective product injuries.
The undeclared ingredients may interact with some prescription medications, possibly lowering blood pressure to dangerous levels, and causing defective product injuries.
These unapproved diet products could cause Texas defective product injuries.
March 25th, 2008|
March 25, 2008
The FDA reports that cantaloupes from a Honduran grower and packer appear to be the source of defective product injuries in the United States.
The defective product injuries resulting from the cantaloupes include salmonella and 50 people in 16 states have suffered defective product injuries because of the grower’s cantaloupes.
The FDA has asked that all cantaloupes from the company be detained to limit further defective product injuries.
Contaminated cantaloupes could cause Texas defective product injuries.
Reebok to pay $1 million for recalled lead bracelets which caused the defective product related death of a child in 2006
March 19th, 2008|
March 20, 2008
USA Today reported that Reebok will pay a $1 million fine for recalled bracelets that contained toxic levels of lead which caused the death of a 4-year-old child.
Reebok imported and distributed lead charm bracelets, giving them away with children’s shoes purchases.
A heart-shaped charm from the defective product caused a fatal defective product injury in the child who swallowed the charm.
The bracelets were recalled and no other defective product injuries were reported. Lead toxicity in cases like this could cause Texas defective product injuries.