Pre-Settlement Loans Available for Expedited Morcellator Lawsuits
Power morcellator lawsuits have been expedited for some plaintiffs due to health concerns. The judge overseeing the coordinated proceedings for injuries involving morcellators issued an order to push up discovery deadlines for plaintiffs whose health is deteriorating and possibly preventing them from seeing the legal process through to the end.
In extremis allowance by judge
Judge James P. O’Hara issued the order on January 7, allowing plaintiffs in extremis to move up the discovery dates for their cases. Judge O’Hara is overseeing multidistrict litigation for power morcellator lawsuits in Kansas District Court. The MDL was established after a growing number of plaintiffs filed similar complaints against morcellator manufacturers in order to streamline early trial proceedings.
In extremis is a legal term that refers to individuals that are in dire health or near death and therefore unlikely to be able to provide testimony at a later time. Many of the women that have filed power morcellator lawsuits are dealing with advanced stages of uterine cancer, which was likely spread through the use of the morcellators during routine hysterectomies and myomectomies. The prognosis for some of these plaintiffs is poor, prompting concerns that their testimony in their cases would not be heard.
In order to qualify for the in extremis expedition, plaintiffs must submit a notice of their health condition in writing to the court. The notice must be accompanied by a letter from the plaintiff’s treating physician, attesting to the plaintiff’s current condition and prognosis. Those that qualify for the expedition will be required to have all of their depositions and fact discovery completed by October 27, 2016.
Morcellator settlement negotiations
While the earlier discovery dates may allow more plaintiffs to give their testimony in their cases, there is still no word on how these cases will be decided. There is also no news on settlement negotiations between the injured plaintiffs and the companies that manufactured and sold their power morcellator devices to the medical community. This leaves women that have been injured by these devices on their own financially as the legal process slowly moves forward.
Uterine sarcoma, the type of cancer frequently alleged in power morcellator lawsuits, is treated through a variety of different methods, including chemotherapy, radiation, hormone therapy and surgery. The cost of treating uterine sarcoma can be quite high and women may undergo treatment for many months or even years. In addition to the physical and emotional toll this takes on the woman and her family, the financial cost of medical treatment, lost wages and other expenses can be quite high.
Pre-settlement morcellator loans available
The good news is women involved in morcellation lawsuits can get financial help in the form of a lawsuit loan while they are waiting out the legal process. These non-recourse loans are based on the jury award or settlement the plaintiff is expected to receive at the end of her case. However, instead of waiting for the legal process to run its course, women can receive their funds early in the process when they need money for medical bills or other expenses.
LawStreet Capital offers pre-settlement loans to individuals dealing with the tragic consequences of morcellator injuries. To learn more about our risk-free financial assistance, contact us toll-free today at 1.866.FUND.662.
Resources:
- FDA, Laparoscopic Uterine Power Morcellation in Hysterectomy and Myomectomy: FDA Safety Communication, http://www.fda.gov/medicaldevices/safety/alertsandnotices/ucm393576.htm
- U.S. Judicial Panel for Multidistrict Litigation, In Re: Power Morecellator Products Liability Litigation Transfer Order, http://www.jpml.uscourts.gov/sites/jpml/files/MDL-2652-Initial_Transfer-10-15.pdf
- U.S. District Court for the District of Kansas, Order Regarding Discovery for Plaintiffs Who are In Extremis, https://ecf.ksd.uscourts.gov/cgi-bin/show_public_doc?2015md2652-101
