One of the first morcellation cancer lawsuits filed as part of a major morcellation litigation movement has finally received a trial date. This hysterectomy morcellation cancer lawsuit alleges a Pennsylvania woman died after a power morcellator was used in her minimally invasive uterine fibroid removal surgery and spread leiomyosarcoma. It will reportedly go to trial on Nov. 3.

In March of last year, plaintiff Scott B. filed this morcellation cancer lawsuit on behalf of his wife Donna, who allegedly died of a metastic leiomyosarcoma in February 2013. Scott claims LINA Medical’s power morcellator device, which was used during his wife’s myomectomy, shredded and spread undetected cancer cells in his wife’s uterus, leading to her early death. This morcellation cancer lawsuit alleges LINA Medical failed to adequately warn patients like Donna and the medical community at large of uterine cancer risks associated with morcellators when used during a laparoscopic myomectomy or hysterectomy.

Scott’s power morcellator cancer lawsuit is the first of many similar cases filed by individuals and families nationwide. These power morcellator lawsuits claim that several different types of morcellation products made by different manufacturers are defective, dangerous, and do not contain warning labels advertising the risk of morcellation cancer when the product is used in laparoscopic surgery.

Last month, U.S. District Judge Edward G. Smith issued a scheduling order that states all fact discovery for morcellation cancer lawsuits and power morcellator class action lawsuits must be complete by July 30. Additionally, challenges to certain expert testimony and any other types of motions must be filed with the court by October 2015. All parties involved are ordered to take part in a morcellation cancer settlement conference that is scheduled to take place in May.

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 uterus or fibroid tissue, allowing for the extraction of biomaterial through the small incision made in a patient’s abdomen. Laparoscopic morcellation surgery became a popular choice among patients and professionals in the medical community as it is a minimally invasive procedure that reduces scarring and recovery time when compared to more traditional surgical methods.

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

In response to these morcellation cancer findings, the FDA launched a uterine fibroid investigation in April 2014 and simultaneously warned physicians to avoid using morcellation when possible when performing a hysterectomy or myomectomy because of the increased risk of morcellation cancer. Many hospitals have made it policy to not perform morcellator hysterectomy procedures in light of this FDA warning and other supporting research.