Amanda Antell  |  October 24, 2014

Category: Legal News

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

uterine myomectomy cancerA robotic hysterectomy patient is suing the manufacturer of the power morcellator used in her surgery, claiming the device spread cancer from a uterine sarcoma into her stomach region, causing her to develop seven tumors.

Plaintiff Lisa Nielsen alleges in the morcellation lawsuit that Gyrus ACMI failed to warn patients that power morcellators can spread cancer throughout the body after disrupting uterine sarcomas and other cancerous tumors. Nielson’s condition was diagnosed a little over a year after her robotic hysterectomy procedure, after medical examinations found the abdominal tumors.

At the time, the performing surgeon had used a Gyrus Power morcellator device, which allowed easier access to the surgical area. The hysterectomy procedure Nielsen had gone under was a uterine fibroid removal procedure, which is typically quite difficult to perform by traditional surgical means because of the tiny incision required for the surgery. In addition to being tiny, the incision must also be accurate enough to where it does not do any harm to the patients during the procedure itself.

For this reason, powered morcellator devices have become popular for hysterectomies since they make the tiny incision for the surgeon, and also allow them to remove the uterine fibroid in a quick and efficient manner. They are also advertised to require less recovery time and shorter hospital stays.

Nielsen saw the device’s appeal in the advertisements and had chosen the defendant’s device for her surgery. However, due to the development of her abdominal cancer, she has had to undergo multiple surgeries, endure chemotherapy, and is under constant watch for the development of new tumors.

Her morcellator lawsuit claims that Gyrus made no effort to warn her or the surgeon about the possibility of uterine sarcoma or any other cancerous side effects, and did not adequately test the device to determine whether or not it was safe to use.

Along with many other women who developed cancer as the result of morcellation surgery, Nielsen claimed that the Gyrus morcellator had caused the cancer cells to spread throughout her fallopian tubes because the device had ruptured the uterine sarcoma areas, according to the morcellator lawsuit.

Additionally, Nielsen also alleges that Gyrus had used deceptive marketing tactics to insure that physicians would buy its product, such as hiding the rate of injury with their product. Nielsen insists that she never would have used the morcellator device if she had known about the possibility of uterine sarcoma.

For being allegedly responsible for manufacturing, selling, distributing, and producing a dangerous device, Nielsen is suing Gyrus ACMI. The charges include: negligence, false advertising, concealing information, and misrepresenting a product.

Overview of Morcellation Complications

The concern of uterine sarcoma and powered morcellator devices had first come into public interest, when the U.S. Food and Drug Administration (FDA) announced a warning regarding the device’s dangers. The warning was issued in April, stating that these devices can rupture uterine sarcoma cells during hysterectomy procedures.

There is currently no method of diagnosing uterine sarcoma before discovering them during cancer screening. The FDA also warned that this cancer can spread through the uterus, pelvis, and abdomen, as allegedly seen with Nielsen.

However, women and their families were submitting injury reports of this nature to the FDA before its warning was announced, with some experts complaining that some of these devices were not being adequately tested before being released into the market.

It is currently estimated that 50,000 women undergo morcellation hysterectomy procedures per year, along with the estimate of one out of 350 women having uterine sarcoma cells. The procedures that have been most commonly feature in morcellation lawsuits include:

  • Myomectomy (removal of fibroids)
  • Hysterectomy (removal of the uterus)
  • Oophorectomy (removal of the ovaries)
  • Salpingectomy (removal of fallopian tubes)

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

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you. Hurry — statutes of limitations may apply.

Learn More

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.


Get Help – It’s Free

Join a Free Morcellation Cancer Class Action Lawsuit Investigation

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.

An attorney will contact you if you qualify to discuss the details of your potential case at no charge to you.

Oops! We could not locate your form.

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.