Many Texas citizens were shocked last month when Congressman Michael Burgess (representing Denton and Tarrant Counties) defended the use of power morcellators–devices that have been found to actually cause harm to women by grinding up benign uterine tumors, spreading the cancerous tissue, and thus increasing their chances of suffering and dying from cancer. Burgess’ statement was made in spite of device manufacturer Johnson & Johnson pulling its product from the market last year and the FBI beginning to investigate the company to see how much they knew about the product’s hazards before it was recalled.
Power morcellators are small tools that can be used to remove fibroids in the uterus by effectively cutting up the tissue during surgery. However, the Food and Drug Administration (FDA) issued a black-box warning on the product in November 2014, indicating that the device could actually spread and worsen undetected cancerous cells.
Burgess has specifically stated that, although he himself does not use the devices in his medical practice, he feels that the issues associated with the devices rest with the doctors, who should know not to disrupt certain types of tumors. However, research has revealed that Burgess does receive several substantial campaign contributions from Johnson & Johnson, the leading makers of the product, calling for some citizens to demand that he review his responsibility as both a congressman and doctor for relevant conflicts of interest.
Litigation & Public Outcry
Power morcellator lawsuits have focused on the careless, reckless, and gross negligence in releasing this product for use and in the marketing of the device. Specifically, any device manufacturer has a duty to develop a product that does not harm the public, as well as provide any pertinent warnings of hazards that it knows about prior to the product being used.
A lot of the attention on these devices has focused on the fact that it was released for use on the market before being properly tested and took too long to recall once the associated hazards were known. Consumer advocates have long argued that the process for getting products like these on the market isn’t rigorous enough to first ensure that it is safe for use.
Sadly, in spite of the recall and warning, as well as the lawsuits filed against Johnson & Johnson (and other manufacturers), certain related devices are still being used in areas of Texas.
Zehl & Associates
If you or a loved one is looking for a personal injury attorney, please contact the experienced attorneys of Zehl & Associates at 1-888-981-3395 or online. We understand your complex needs and have all the resources to deliver you the best legal representation. Any clients who have suffered due to a medical device such as the morcellator are represented on a contingency basis, meaning that there are no legal fees unless you receive compensation for your injuries. In addition, if a loved one suffered as a result of these devices, you have the option of bringing suit on behalf of your own loss. Contact us today so that we can help you build your case.