Tort Law

Johnson & Johnson unit is settling cases over morcellators used in hysterectomies, lawyer says

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A unit of Johnson & Johnson that sold laparoscopic power morcellators used to cut a woman’s uterus into small pieces that could be extracted through a tiny incision is settling cases over a number of hysterectomies, a plaintiff’s lawyer says.

The problem is, if a woman has undetected cancer, the procedure can speed the spread of the disease. So the U.S. Food and Drug Administration discouraged the devices’ use last year, which led to a suspension of sales by Ethicon in 2014.

In recent months, J&J has settled approximately 70 of some 100 cases that have either been filed or are ready to file in consolidated federal litigation in Kansas City, Kansas, plaintiffs lawyer Paul Pennock told the Wall Street Journal (sub. req.). He serves as co-lead counsel on the steering committee for the consolidated litigation.

The amount of the settlements hasn’t been disclosed.

“You certainly don’t always see a company step up and take responsibility this early on,” said Pennock. “That’s something we think is appropriate.”

A J&J spokeswoman declined to comment.

Related coverage:

ABAJournal.com: “FDA restricts use of device blamed for spreading uterine cancer, after news of patient deaths”

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