Meredith Friesen  |  October 22, 2014

Category: Legal News

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uterine myomectomy cancerTwo new morcellation cancer lawsuits have been filed against manufacturers of the devices. Each morcellation lawsuit claims devices intended to simplify uterine fibroid surgery caused cancer cells to spread throughout the body, one even leading to death.

In one case, two California residents filed a morcellator lawsuit against manufacturer Gyrus ACMI, alleging that the Gyrus power morcellator caused plaintiff Lisa Nielsen to develop cancer in her abdomen. She claims that she was unaware of the cancerous cells that were present in her uterus before the surgery and that her cancer was caused by the Gyrus power morcellator.

The second morcellation cancer lawsuit filed was a wrongful death complaint. The family of Patricia Daley claims that an Ethicon and the Karl Storz power morcellator are to blame for Daley developing leiomyosarcoma, a form of uterine cancer.

Many complaints about power morcellators used during fibroid surgery have arisen over the past few years. In April, the U.S. Food and Drug Administration (FDA) issued a warning about the danger of morcellation cancer. The FDA estimated that one in every 350 women had undiagnosed cancer in the fibroids that could be spread through fibroid surgery using a power morcellator. The cancer cannot be diagnosed by doctors before the surgery. Therefore, alternate forms of uterine fibroid removal should be used. Other methods, such as the traditional surgical hysterectomy, carry less risk of spreading cancer, though they might increase the amount of recovery time overall. 

Uterine Fibroid Surgery and Cancer Spreading Process

The National Institute of Health (NIH) found that most women will develop fibroids by the time they turn 50. Typically, there are no symptoms and not every fibroid contains cancer cells. Many women will choose to remove either the entire uterus or the fibroid tissue if problems are experienced. However, it is estimated that about 50,000 a year of these removals will involve power morcellators. The power morcellators cut the fibroid tissue and remove it through a small incision in the abdomen. This is where cancer cells have the opportunity to leave the uterus and spread to the abdomen or another part of the body. 

With the increase of morcellator cancer found in patients, many medical professionals have stopped using power morcellators, hoping to pressure morcellator manufacturers to recall their products. Johnson & Johnson, responsible for 80 percent of the power morcellator market, has issued a recall of its Ethicon morcellators and has ceased production. Other companies have not yet followed suit. 

Many women have suffered morcellation cancer due to inadequate warnings and information on the true effect of power morcellators, morcellation lawsuits allege. A morcellation cancer class action lawsuit investigation is underway. 

In general, morcellator cancer lawsuits are filed individually by each plaintiff and are not class actions.

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If you or a loved one were diagnosed with cancer in the uterus, pelvis or abdomen within two years of undergoing surgery for a myomectomy (removal of fibroids), hysterectomy (removal of the uterus), oophorectomy (removal of the ovaries), or salpingectomy (removal of fallopian tubes), you may have a legal claim. See if you qualify by filling out the short form below.

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