Two Philadelphia women have joined the growing number of plaintiffs filing power morcellator lawsuits, alleging the medical tool spread undetected uterine cancer throughout their bodies.
The plaintiffs filed separate claims against the morcellator manufacturer Olympus Corporation and its subsidiary Gyrus ACMI, accusing the companies of failing to warn consumers of the life-threatening cancer risks linked to using the medical device during hysterectomy or myomectomy procedures. The women allege that Olympus misrepresented the power tool as a safe product, when they should have reasonably known of the serious dangers of the medical device.
The Philadelphia women are not alone, and due to the growing number of power morcellator cancer lawsuits being filed throughout the U.S., several plaintiffs have requested consolidation into a multidistrict litigation.
What is a Power Morcellator?
A power morcellator is a medical tool that is used as a less invasive option for laparoscopic procedures, including hysterectomy or myomectomy. When compared to a traditional abdominal hysterectomy, use of a power morcellator means a much shorter post-operative recovery time for patients.
However, researchers have found that using a power morcellator on undiagnosed cancer tissues may cause the cancer to spread throughout the abdomen. Since there is no real way to detect if cancer such as uterine sarcoma exists prior to having surgery, morcellator procedures pose a great risk for women who are treated with the tool.
FDA Power Morcellation Warnings
After fast-tracking the power morcellator through the FDA approval process, the agency has issued new warnings about using the device due to mounting evidence that the tool may be linked to an increased risk of spreading uterine cancer.
The FDA has issued a “black box” warning, the strongest precaution the FDA will issue before removing the product from the market, for all power morcellators. The warning is partly is response to recent studies that have found one in 350 women who use a power morcellator for a hysterectomy or myomectomy procedure are eventually diagnosed with uterine sarcoma.
After these recent findings some of the largest health insurance companies in the U.S. are choosing not to cover the use of a power morcellator because of the high cancer risk. Additionally, some companies have voluntarily decided to stop selling the product. Johnson & Johnson, one of the leading manufacturers of the power morcellator, was among those companies.
The FDA has encouraged physicians and patients to take the following actions when considering use of a power morcellator:
- Physicians are asked to “carefully consider alternative treatment options for the removal of symptomatic uterine fibroid,” and to limit the number of laparoscopic incisions that use a power morcellator.
- Patients are urged to find out ahead of time if a doctor plans to use a power morcellator during a laparoscopic hysterectomy or myomectomy.
Morcellation Cancer Lawsuits
Plaintiffs have been filing a growing number of power morcellation cancer lawsuits, claiming that power morcellator manufacturers were aware of the serious cancer risks involved with using the product, but downplayed any concerns.
These Morcellation Cancer Lawsuits are Case Nos. 150401310 and 150401312, filed in the Court of Common Pleas, Philadelphia County.
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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