Ashley Milano  |  April 22, 2015

Category: Legal News

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product liability lawsuitA former Georgia mayor and her husband have filed a morcellator cancer lawsuit against Johnson & Johnson and its Ethicon subsidiary, alleging that a Gynecare Tissue Morcellator caused the recurrence of metastatic endometrial stromal sarcoma (rare malignant uterine tumors), spreading hidden cancer cells contained in the uterus throughout the plaintiff’s pelvis and abdomen.

In April of this year, Plaintiff Eva G., the former Mayor of Sandy Springs, GA, and her husband John claim that the Gynecare tissue morcellator, manufactured by Johnson & Johnson’s subsidiary Ethicon, directly caused the spreading of cancer cells within Eva’s abdomen.

In 2011, Eva underwent a laparoscopic hysterectomy to cut up her uterus and uterine fibroids for easy removal in a minimally invasive surgery. However, Eva alleges that Ethicon did not adequately warn her about the extremely high-risk that the power morcellator procedure could spread hidden cancer throughout her body.

Laboratory testing prior to the hysterectomy showed no signs of cancer, according to the lawsuit. However, tissue taken out during the laparoscopic surgery tested positive for endometrial stromal sarcoma.

Eva remained cancer free until April 2013, when it recurred on her pelvis and left anterior abdominal wall.

FDA Warns About Dangers of Power Morcellators

Eva’s morcellator cancer lawsuit mirrors that of large numbers of morcellator cancer claims filed by patients nationwide.

The FDA now believes that as many as 1 in 350 women who have undergone a laparoscopic uterine fibroid removal may have undiagnosed cancer. As a result, the FDA began discouraging the use of the devices in April 2014, and on Nov. 24, 2014, began issuing a “black box warning” for any power morcellator devices remaining on the market.

Currently, the new FDA warnings prohibit the use of power morcellators in all but a minority of the women undergoing laparoscopic uterine morcellation procedures annually.

Many hospitals have already banned the procedure, with many experts agreeing that the risk to patient health is too significant to ignore.

In 2014, Ethicon voluntarily recalled all of its machines for similar reasons.

Morcellation Cancer Lawsuits

Laparoscopic power morcellators are medical devices increasingly used in recent years to allow doctors to remove the uterus or uterine fibroids through a small incision in the abdomen, providing shorter recovery times and reduced risk of infection or other complications. However, over the past year, concerns have emerged over severe and potentially life threatening risks the devices may pose for women with occult or unsuspected uterine sarcoma.

The morcellator cancer lawsuit filed by Eva G. and her husband presents claims for negligence, designing a defective medical device, failure to warn, violation of Georgia consumer protection laws, and loss of consortium, seeking both compensatory and punitive damages. A jury trial has been demanded.

The Morcellator Cancer Lawsuit is Case No: 1:15-cv-01046-ODE, in the U.S. District Court Northern District of Georgia.

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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