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A power morcellator lawsuit was filed in Florida by a woman who allegedly developed uterine cancer caused by a Storz Rotocut Morcellator.
Karl Storz, the manufacturer, is facing a large number of power morcellator lawsuits due to the alleged cancer side effects many patients have experienced after surgery in which a power morcellator is used.
According to one power morcellator lawsuit, plaintiff Peggy P. underwent a hysterectomy on April 8, 2013. This surgery was intended to remove uterine fibroids from her uterus. This surgery is very common, and many women have had power morcellators used by doctors during uterine fibroid surgery.
The power morcellator allegedly spread an “endometrial stomal sarcoma cancer throughout her abdominal cavity, worsening her long term prognosis and the natural course of this cancer,” according to the power morcellator lawsuit.
Peggy underwent additional surgeries and radiation treatments in order to treat her morcellation cancer. She claimed in the power morcellator lawsuit that “without the ‘upstaging’ of her cancer by the morcellator she would not have required this extensive and debilitation radiation treatment.”
According to the power morcellator lawsuit, Peggy accused Storz of failing to warn about the morcellator cancer side effect, making an unsafe device, breaching warranties, and misrepresenting the risks of the Storz Rotocut Morcellator. She seeks compensation for her pain and suffering, medical payments, and decrease in quality of life.
Power Morcellator Dangers
Power morcellators enter the body through a small incision in the abdomen and “cut, shred, and remove” the uterine fibroids and uterus, as described in the power morcellator lawsuit.
They’re commonly used in hysterectomy or myomectomy surgeries. It was estimated that 50,000 women undergo surgery with a power morcellator every year. However, many women have developed uterine cancer as a result of this procedure as the power morcellators may spread unknown sarcoma from the fibroids throughout the abdomen.
Because of this risk, the U.S. Food and Drug Administration (FDA) has suggested that the products not be used because of the additional morcellation cancer risk. Additionally, whether or not a woman already has uterine cancer cannot be easily determined before a hysterectomy.
The FDA estimated that one in 350 women who undergo uterine fibroid surgery (or other similar surgery) with a power morcellator will develop morcellator cancer.
Ethicon, Blue Endo, and Karl Storz are three of the largest power morcellator manufacturers. They are all facing numerous power morcellator lawsuits for failing to warn against morcellation cancer and for creating an unsafe product.
Storz is facing counts of negligence, product liability, breach of warranty, and fraudulent misrepresentation and omission in this power morcellator lawsuit.
This Power Morcellator Lawsuit is Case No. 0:14-cv-61086, in the U.S. District Court for the Southern District of Florida.
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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