LiNA Medical Loses Bid to Dismiss W. Va. Federal Power Morcellator Action
January 12, 2021
CHARLESTON, W. Va. — A West Virginia federal judge has refused to dismiss claims an action in which the plaintiff alleges a LiNA Medical Xcise power morcellator used during her hysterectomy caused her undiagnosed cancer to spread.
In a Jan. 5 complaint, Judge John T. Copenhaver Jr. of the U.S. District Court for the Southern District of West Virginia denied LiNA Medical’s motion to dismiss the plaintiff’s claims for design defect, failure to warn and breach of implied warranty claims.
In May 2018, Ward Mary Ann Ward made the decision with her doctor, Dr. Juddson Lindley, to undergo a hysterectomy …