Over the last few years concerns have surfaced over morcellator devices and the risk that these devices may spread undiagnosed cancer in a woman’s uterus. Morcellators are an electronic tissue-cutting medical device used to remove tissue through a small minimally invasive incision during a gynecological surgery.

Morcellators are commonly used in gynecological surgeries including myomectomy (removal of fibroids), hysterectomy (removal of uterus), oophorectomy (removal of ovaries), and salpingectomy (removal of fallopian tubes). Morcellators reduce patients’ recovery time, minimize scarring, and avoid risks associated with undergoing traditional, more invasive, surgery techniques.

Risks Associated with Morcellator Gynecological Surgeries

Medical professionals caution that women scheduled for morcellator procedures may have undiagnosed cancer which can be spread to other organs. Statistics estimate that approximately 50,000 women have hysterectomy morcellation surgery every year. The U.S. Food and Drug Administration (FDA) warns that 1 out of 350 women many have undiagnosed sarcoma (malignant tumors), which doctors are unable to detect prior to undergoing surgery. According to a University of Michigan study, no reliable predictors of uterine sarcoma exist.

The Michigan study looked at procedures that medical professionals believed involved benign tumors. In these procedures, unexpected malignancy occurred in 2.7 percent of hysterectomies. A study from Columbia University suggests that risks of uterine cancer occurring in women who have uterine fibroid removal surgeries appears to increase with age.

In April 2014, the FDA warned the medical community to avoid using morcellators for uterine fibroid removal due to the risk of unsuspected malignant tumors. This news came shortly before an FDA advisory panel determined that there is no way to make power morcellators safer. Unfortunately, the FDA panel was divided on whether to recall morcellators or recommend that more forceful warnings be placed on devices.

In November 2014, the FDA decided to allow morcellators to remain on the medical device market with stronger warnings concerning the risks of spreading cancer. Due to the increased risk of spreading malignant tumors, many hospitals prohibit surgeons from performing hysterectomies with morcellator devices. Many hospitals have also listed multiple other procedures where the use of morcellators is no longer appropriate.

Overview of Morcellator Lawsuits

Multiple morcellator lawsuits have been filed against morcellator medical device manufacturers. These morcellation cancer lawsuits have been filed nationwide by a growing number of women and their loved ones who have allegedly suffered from the risks associated with using morcellators. The morcellation lawsuits are being brought by the alleged victims themselves or by family members bringing wrongful death lawsuits. In some cases, victims’ spouses may join as co-plaintiffs in order to bring loss of consortium claims. Loss of consortium claims are often brought by spouses for the loss of spousal intimacy or the spousal relationship as a result of morcellation cancer.

Plaintiffs of these morcellation cancer lawsuits allege that they could have avoided the rapid spread of uterine cancer had they been aware of the risks associated with morcellators. The women claim that had they been aware of the risks, they would have chosen a more traditional form of surgery.

Morcellator lawsuits generally claim that medical device companies violated consumer protection laws by allegedly failing to fully warn women and doctors about morcellation side effects. Many morcellator lawsuits similarly allege for negligence, fraud and deceit, breach of warranty, and strict products liability claims. Settlements and awards granted to these morcellation cancer victims will hopefully help these women pay for past and future medical bills as well as compensate them for the pain and suffering they endured.