A power morcellator lawsuit was filed against Storz America by a Louisiana couple alleging that the medical device caused the wife to develop uterine cancer.

Plaintiffs Audrey and Darryl R. state in their morcellation lawsuit that Audrey had a laparoscopic supracervical hysterectomy using uterine morcellation in December 2014. Before her surgery, Audrey had no evidence of cancer.

Only a short time after her hysterectomy that used a power morcellator, Audrey received a diagnosis of uterine cancer. Audrey believes the morcellation-assisted surgery caused her to develop the disease. She is currently undergoing treatment for her condition, according to the morcellation cancer lawsuit.

Audrey and her husband allege that the defendants failed to warn about the possibility of disseminating hidden uterine cancer cells throughout the peritoneal cavity.

As a result of her uterine cancer diagnosis, Audrey claims in her power morcellator lawsuit to have sustained severe and permanent damages due to the injuries caused by the morcellation device.

These damages include past and future medical expenses, past and future pain and suffering, mental anguish and/or emotional distress, loss of past and future earnings, loss of services, loss of enjoyment of life, other non-economic damages and increased risk of death and/or spread of cancer.

Audrey and Darryl have brought seven counts against Storz including violations of the Louisiana Product Liability Act, strict products liability, breaches of implied and express warranty, fraudulent misrepresentation and omission, loss of services on behalf of Darryl (loss of companionship with Audrey) and punitive/exemplary damages.

Audrey and Darryl are seeking compensatory damages, medical expenses and other economic damages, restitution, disgorgement of profits, attorney’s fees, punitive damages and other relief deemed proper by the court.

The Uterine Cancer Morcellation Lawsuit is Case No. 3:15-cv-02835 in the U.S. District Court for the Western District of Louisiana.

Morcellation Cancer Risks

Morcellation is the term used to describe the action of a power morcellator — a medical device used during laparoscopic surgery. These devices are commonly used to assist in gynecological surgeries such as hysterectomies and uterine fibroid removal.

In minimally invasive surgery for a hysterectomy or removal of uterine fibroids, a small incision is made in the body and the power morcellator is inserted into the small opening. The uterus or fibroids are then targeted by the morcellator, which works by breaking down the tissue into very small pieces which can then be removed via the incision.

However, sometimes the morcellator attacks tissue that turns out to have latent cancerous cells. When these cells are disturbed, they can cause the cancer to spread throughout the uterine cavity.

What started out as a minor cancer that could have been easily addressed with traditional surgical removal, turns into a quickly spreading uterine cancer with a poor prognosis.

Black Box FDA Warning

Power morcellation devices now carry the highest level of warning from the FDA. The federal agency states that one-out-of-every-350 women who undergoes surgery with a power morcellator may have previously hidden cancer.

As a result of the FDA black box warning and other data showing that power morcellators carry a great risk, many hospitals no longer use morcellators and many insurances no longer cover morcellation procedures due to the risk involved.

The largest power morcellator manufacturer, Johnson & Johnson, removed their devices from the market last year.

Filing a Morcellation Cancer Lawsuit

If you or a loved one developed cancer following a morcellation surgical procedure, you may be entitled to legal compensation. Fill out the form on the right for a free case evaluation.