Karina Basso  |  January 28, 2015

Category: Legal News

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morcellation cancer lawsuit

The number of morcellator cancer lawsuits has grown over the past year as more and more women discover the alleged link between the spread of uterine cancer and the use of power morcellators during hysterectomy or myomectomy surgery.

According to the recent product liability lawsuits filed against power morcellator manufacturers, plaintiffs’ claim that these companies had a duty to warn consumers and the larger medical community of the risks of morcellation cancer associated with this popular surgical tool.

In the last week of the 2014 year, three new morcellation cancer lawsuits were filed, adding to the dozens of other morcellator cancer lawsuits already filed in various federal courts. All similarly claim many women who had previously undergone a morcellation hysterectomy or morcellation myomectomy were diagnosed with a spreading leiomyosarcoma, endometrial stromal sarcoma, or another form of cancer after a morcellation surgery.

One of the most recent power morcellator cancer lawsuits filed last year claims that plaintiff Romona G., a resident of South Carolina, was injured by the use of a power morcellator manufactured by Karl Storz Industrial because the company failed to warn her and her physician of the cancer risks associated with their Storz Rotocut GI Morcellator medical device.

According to the morcellation cancer lawsuit, Romona alleges she underwent a laparoscopic supra-cervical hysterectomy, which employed the Storz morcellator, in December 2011 to remove uterine fibroids. After the laparoscopic morcellation procedure, she and her doctor discovered that it was not a fibroid, but rather a leiomyosarcoma (or pocket of uterine cancer), which thanks to morcellation allegedly spread from the original cancerous site.

Her morcellator cancer lawsuit claims, “The use of the Storz Morcellator in cutting, shredding, and removing the uterus and fibroid(s) from Ms. G. created the potential for dissemination of cancerous cells throughout her abdominal cavity.” According to Romona’s allegations, “This potential dissemination worsened her long-term prognosis for the course of this cancer.”

Two other plaintiffs, Jennifer S. and Cynthia S., also filed lawsuits or had a morcellation cancer lawsuit filed on their behalf making similar power morcellator cancer claims against Ethicon, a J&J subsidiary. Specifically in Cynthia’s case, her husband filed a wrongful death lawsuit, alleging that his wife died of metastatic cancer that was caused by the spread of leiomyosarcoma cancer after her laparoscopic morcellation hysterectomy.

Morcellation Cancer Risks and FDA Warnings

Power morcellators are medical tools used to drill a small hole into the surgical area in order to perform laparoscopic or “key hole” surgery. As the morcellator drills into a uterine fibroid, it shreds the tissue, allowing for easier extraction through the small incision made in a woman’s abdomen. Because laparoscopic morcellation surgery is a minimally invasive procedure, it has become popular among surgeons and patients because of its reduced scarring and recovery time when compared to more traditional surgical methods.

However, the FDA and other medical researchers have estimated that 1 in every 350 women are likely to have an undiagnosed sarcoma present in their uterus when undergoing laparoscopic morcellator hysterectomy or myomectomy. If a power morcellator hits and shreds a sarcoma, the cancerous cells can spread and upstage a cancer diagnosis from stage one to stage three.

In response to these findings and advisements from medical experts, the FDA also launched a uterine fibroid investigation in April 2014 and warned physicians to avoid using morcellation when possible when performing a hysterectomy or myomectomy because of the supposed increased risk of morcellation cancer. Because of this FDA announcement and other research studies, many hospitals have made it policy to not perform morcellator hysterectomy procedures.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The morcellation cancer 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. [In general, morcellator cancer lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

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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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