Monday, May 18, 2015

Power Morcellators: Insurance Companies No Longer Covering the Procedures

Aetna, the nation's third-largest health insurer, announced that as of May 15, it will curb coverage of laparoscopic power morcellation in hysterectomies or for removing uterine fibroids "because the safety and efficacy of this approach has not been demonstrated." The procedure involves using a tube shaped tool to remove uterine fibroids or the entire uterus in less-invasive surgeries than standard abdominal procedures. Surgeons use the tools to grind and shred uterine tissue so it can be removed through a small incision in the abdomen.

Aetna will make limited exceptions for the procedure including for pre-menopausal women who want to maintain their fertility and for those that other treatment would be a life threatening risk.
The danger is that occasionally, a cancerous growth is undetected and seemingly benign when it is removed. Slicing up the growth into small pieces could disperse cancerous flesh in a woman's body, decreasing the likelihood a woman could survive the cancer in the long run.

In November of 2014, the FDA issued a warning against using laparoscopic power morcellators in removing a uterus or removal of fibroids. In its warning, the FDA estimated one in 350 women undergoing hysterectomy or myomectomy for the treatment of fibroids has "unsuspected uterine sarcoma," a type of cancer that appears to be a benign growth.

Some regional health insurers have stopped covering hysterectomies and myomectomies by power morcellation altogether. For example, Blue Cross Blue Shield in Massachusetts stopped covering the procedures on September 1, 2014.

A number of lawsuits have been filed throughout the country on behalf of women who claim to have been injured by this procedure. An MDL has not been set up yet, but depending on if the number of filed claims grows, one could be on the horizon. A number of different pharmaceutical companies who manufacture morcellators including Johnson & Johnson, Richard Wolf Medical Instruments, and Gyrus ACMI have been named as defendants. 

Wednesday, April 29, 2015

URGENT: ACTOS SETTLEMENT ANNOUNCED WITH DEADLINE TO PARTICIPATE THIS FRIDAY


Takeda announced today that it agreed to pay $2.37 billion to resolve lawsuits accusing the company of hiding its Actos diabetes medicine’s cancer risks.

The agreement states that the deal will go through if 95% of those with claims against Asia’s largest drug maker agree to accept the settlement. If the settlement’s participation rate climbs to 97%, Takeda will add $300 million to the settlement, bringing it to a total of $2.4 billion.

It is estimated that the average settlement per claim is $296,000. The payment may be reduced depending on a patient’s age, smoking history and exposure to toxins, which is similar to other mass tort settlements including the DePuy ASR agreement.

Last year a jury found against Takeda and Eli Lilly & Co. in the amount of $9 billion in damages to a shopkeeper who blamed Actos for causing his bladder cancer. That award was later reduced to $36.8 million by a judge.

If you have not filed a lawsuit against Actos and you qualify under the terms of the settlement agreement, you can still participate, but time is running out. If you have retained an attorney by this Friday, May 1, 2015, you can still participate in the proposed settlement. Your attorney will have to file a declaration before July 13, 2015, stating they were retained prior to May 1, 2015.

If you or a loved one developed bladder cancer as a result of the prescription drug Actos, contact me immediately to protect your rights. Contact Booth Samuels at 1-866-515-8880 or by email at booths@pittmandutton.com for a free consultation. 

Target Proposes Settlement With MasterCard

Target has agreed to pay MasterCard-issuing banks and credit unions as much as $19 million to reimburse for losses related to the Holliday season 2013 hack that resulted in up to 40 million accounts being breached. For more information on data breach, see my previous blog postings.
The settlement covers the costs of reissuing credit and debit cards after the breach, as well as fraudulent charges on those cards. In order for the agreement to proceed, at least 90% of eligible MasterCard issuers must acquiesce to the settlement. The deadline to accept the offer is May 20th.
Target disclosed in a recent financial filing that it has incurred $252 million of breach-related expenses.
Last month, Target also settled a class-action lawsuit with individual cardholders for $10 million.
Target’s high-profile breach pushed banks, retailers and card companies to increase security by speeding the adoption of microchips in U.S. credit and debit cards. Some argue chip cards are safer, because unlike magnetic strip cards that transfer a credit card number when they are swiped at a point-of-sale terminal, chip cards use a one-time code that moves between the chip and the retailer’s register. The result is a transfer of data that is useless to anyone except the parties involved. Chip cards are also believed to be nearly impossible to copy.