A wrongful death claim alleging that the use of a defectively designed morcellator caused cancer cells to be rapidly spread throughout a woman’s uterine, leading to her death, was recently filed in the U.S. District Court for the Northern District for Illinois. The claim is one of dozens that have been filed against Johnson & Johnson’s Ethicon morcellator units, according to an article in The Legal Examiner.
The Dangers of the Ethicon Morcellator
In the recent claim filed in Illinois, the plaintiff – Eddie Lee Jackson, a surviving spouse of Bernadette McLaughlin-Jackson, who died from cancer – alleges that his wife’s death is attributable to malignant leiomyosarcoma cancer, which was spread through her abdomen by an Ethicon morcellator. The cancer had previously been localized to the uterus.
Morcellators like the one manufactured by Johnson & Johnson work by grinding up fibrous tissues in the uterus, making them easier for doctors to remove (the tissues are removed with thoughts that they may be cancerous). However, the morcellators do more than just grind up tissues; they also result in cancerous cells being sprayed and splattered throughout the uterus, resulting in the spread of cancer is some cases.
The FDA has previously warned against the devices, stating that the use of power morcellators can spread cancer throughout the abdomen and pelvis, reducing the chances of a woman’s long-term survival.
Plaintiffs Seek Wrongful Death Damages
Those who have lost their loved ones due to cancer spread by dangerous morcellators have the right to take action in the form of a wrongful death lawsuit directly against the morcellators’ manufacturer(s), as well as any other negligent parties (such as a surgeon who committed malpractice during the surgery). A wrongful death suit may seek damages for loss of consortium, medical expenses, lost wages, emotional anguish, funeral and burial expenses, and more.
According to the Illinois Wrongful Death Act, all actions for wrongful death must be brought within two years’ time from the date that the death occurred. The only party who is allowed to file a wrongful death claim following the death of a loved one is the personal representative of the deceased, although damages can be recovered on beneficiaries’ behalf.
Work With a Rockford Wrongful Death Attorney
If you have lost a loved to a dangerous product, an act of malpractice, or another wrongful or neglectful act, the experienced Rockford wrongful death attorneys at Fisk & Monteleone LTD. want to help you. Serving Rockford, Belvidere, Loves Park, Rochelle, Roscoe, Freeport, Marengo, and Cherry Valley, our attorneys know how devastating losing a loved one is and want to help you seek justice. If you are unable to travel to our location for your free case consultation, we will happily travel to yours. Call us today to schedule your first meeting with our law firm today at 815-209-9030.