Joanna Szabo  |  December 8, 2015

Category: Legal News

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Morcellation CancerA number of laparoscopic power morcellation cancer lawsuits have been filed against Ethicon, and a panel of federal judges has consolidated them into a multidistrict litigation.

More than two dozen Ethicon power morcellator lawsuits will be centralized in the District of Kansas as part of this MDL before Judge Kathryn H. Vratil. This allows for coordinated discovery during pre-trial proceedings.

While power morcellation cancer lawsuits have been filed against other manufacturers, only Ethicon power morcellation lawsuits are being considered as part of this MDL.

Ethicon is a subsidiary of pharmaceutical and medical device giant Johnson & Johnson, and was the leading manufacturer of laparoscopic power morcellators. In the past decade, these devices have become increasingly popular during hysterectomies and myomectomies, due to their minimally invasive nature.

What is a Power Morcellator Used For?

The power morcellator has been in use by surgeons across the U.S. since 1991, when it was first approved by the U.S. Food and Drug Administration. Power morcellation is a process by which unwanted tissue is cut and shred in the body cavity, in order that it may be removed in smaller, more manageable pieces.

During a hysterectomy or myomectomy, a power morcellator cuts up uterine fibroids for removal. If the uterus or uterine fibroids contain some form of uterine cancer, the power morcellator, cutting tissue into tiny pieces, can actually spread cancer cells throughout the body.

Power Morcellation and Cancer Risks

However, once knowledge of the risk of potentially spreading cancer throughout a patient’s body came to light, the process has been largely abandoned by the medical community. This scenario would not occur with a patient who has been diagnosed with cancer in the uterus, but for a patient who has undiagnosed cancer cells in her uterus, power morcellation can be dangerous.

According to the FDA, approximately one out of every 350 women who undergo surgery for symptomatic uterine fibroids may have undiagnosed cancer cells within the uterus. In these cases, power morcellation would pose significant danger, spreading the cancer at an unnatural rate and moving a patient to an advanced and often fatal stage of cancer.

Power Morcellation Cancer Lawsuits

Women involved in these power morcellation cancer lawsuits allege that the medical device, used during surgery, caused undetected uterine cancer to spread to different parts of their bodies.

Power morcellation cancer lawsuits allege that Ethicon either knew or should have known about the risk of cancer posed to patients undergoing power morcellation procedures, and despite this knowledge failed to adequately warn the medical community and/or the patients about this risk.

Similar lawsuits have been brought against other manufacturers of power morcellators, including Gyrus ACMI, Richard Wolf Medical Instruments, and Karl Storz.

Ethicon has decided not to manufacture the devices any longer, determining there is no way to make them safer for patients. Power morcellators are allowed to remain on the market, but must include much stronger warnings about the potential cancer risks.

Despite the devices not technically being banned, many hospitals and doctors have sworn off using power morcellators, stating there is no way to justify the significant risk given the acceptable alternatives.

If you or someone you know has undergone a surgery where a doctor has used a power morcellator, and have since developed uterine or other cancer, you may be able to file a power morcellation cancer lawsuit.

The Ethicon Power Morcellator MDL is In Re: Power Morcellator Products Liability Litigation, MDL No. 2652, in the U.S. District Court, District of Kansas.

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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