Melissa LaFreniere  |  April 16, 2015

Category: Legal News

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surgery lawsuitSome of the largest heath insurance companies in the nation are choosing not to cover the use of a power morcellator for hysterectomy procedures due to the serious cancer risk warnings issued by the FDA. Companies like Aetna Inc., Cigna, UnitedHealth Group Inc. and various others are changing the way power morcellators are classified, making it extremely difficult to obtain insurance coverage to use the medical tool.

This action comes as morcellation cancer risks prove too serious to ignore. Studies show that one in 350 women who use a power morcellator for a hysterectomy or myomectomy procedure are eventually diagnosed with uterine sarcoma.

The lack of insurance coverage may affect the estimated 50,000 women each year who undergo a hysterectomy or myomectomy procedure by choosing the less invasive laparoscopic incisions provided by a power morcellator.

Power Morcellator

The use of a power morcellator in hysterectomies means a shorter post-operative recovery time for patients compared to a traditional abdominal hysterectomy. However, the FDA has issued warnings that despite the benefits of a less invasive procedure, use of a power morcellator on uterine tissue that contains unsuspected cancer may in fact spread the cancer throughout the abdomen.

Studies show there’s no real way to detect if uterine sarcoma exists prior to having surgery, making the risk of using a power morcellator for the laparoscopic procedure serious or even life-threatening. 

FDA Warnings

The FDA power morcellator warnings addressed in a recent report encourage health care providers, patients and manufacturers to take the following actions:

  • Health care providers are asked to limit the number of laparoscopic incisions that use a power morcellator and to “carefully consider available alternative treatment options for the removal of symptomatic uterine fibroids.”
  • Patients are encouraged to seek out different options available, but if a doctor still recommends a laparoscopic hysterectomy or myomectomy make sure to find out if he/she plans to use a power morcellator.
  • Power morcellator manufacturers are strongly urged to include a “black box” warning on all new and existing power morcellators, which is the strongest caution issued by the FDA before taking the product off the shelves.

After the FDA issued its serious warnings, one of the leading manufacturers of the power morcellator, Johnson & Johnson, decided to stop selling the product until the connection between the medical tool and its potential role in spreading cancer was better understood. However, this action has not stopped patients from filing morcellator lawsuits against Johnson & Johnson, alleging the company should have known the serious risks involved with using the medical tool yet downplayed any concerns.

Power Morcellator Lawsuits

The number of power morcellator lawsuits being filed continues to grow. Hundreds of women and families who have lost a loved one due to the spread of morcellation cancer are placing the blame on power morcellator manufacturers, including Johnson & Johnson’s Ethicon subsidiary. Many of the lawsuits already filed allege manufacturers of this product endangered patients by failing to warn medical professionals and patients of the life-threatening risks involved with using this medical tool.

If you have suffered injuries after a power morcellator procedure, you may have legal claim to one of the morcellation cancer class action lawsuits currently in the investigative process.

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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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.

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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.