A grieving husband has filed a power morcellator lawsuit against manufacturers Karl Storz, Ethicon, and Johnson & Johnson on behalf of his late wife who died of cancer allegedly spread by the power morcellator device.

Plaintiff John P. filed the wrongful death power morcellator lawsuit following the death of his wife Kelly, claiming that the manufacturers were responsible for her power morcellator cancer and death.

John’s late wife had surgery to remove fibroid tumors, also known as a myomectomy, in August 2012, the lawsuit states. A power morcellator device was used in her minimally invasive surgery to remove the fibroids, according to the claim.

Power morcellators are medical tools that use electronically-powered spinning blades to shred tissue into small pieces that can be removed through a surgical incision.

While many women and their physicians were eager to have a less invasive way to address uterine fibroids as opposed to a traditional surgery, they were not initially aware of the morcellation cancer risk that came with the procedure.

As the power morcellator shreds the tissue, it may also disturb undetected cancer cells, thus spreading them through the rotating power of the blades throughout the abdomen.

Power Morcellator Lawsuit Allegations

Nine months after her procedure, Kelly was diagnosed with metastatic sclerosing epithelioid fibrosarcoma that had spread throughout her abdominal cavity, according to the power morcellator lawsuit.

“At all times relevant the Defendants participated in, authorized and directed the production and promotion of these LPMs [laparoscopic power morcellators] when they knew, or with the exercise of reasonable care should have known, of the hazards and dangers of the use of the LPMs and thereby actively participated in the tortious conduct which resulted in the injuries suffered by and the wrongful death of Kelly,” the power morcellator lawsuit reads.

Following her diagnosis, Kelly underwent aggressive treatment of her cancer, however, she died in September 2015, with the lawsuit stating “The morcellation of the fibroid tissue during her August 7, 2012 myomectomy surgery was a proximate cause of her death.”

FDA Warns of Morcellation Cancer Risk

The FDA is aware of the increased morcellation cancer risk and estimate that one in 350 women will be diagnosed with power morcellator cancer following a surgical procedure. The power morcellator can upstage or worsen cancer.

Had Kelly and other women not had the power morcellator used during the procedure, their cancer cells may have been left undisturbed, resulting in a less invasive form of cancer and a more treatable, lower staged cancer as opposed to those diagnosed with power morcellator cancer.

As a result of the FDA warning, certain manufacturers pulled their power morcellator devices from the market, many hospitals stopped using power morcellators, and many insurances stopped covering surgeries performed with power morcellation. But for many women, the warning came too late.

John’s wrongful death power morcellator lawsuit brings forth counts of defective design and failure to warn and the plaintiff is seeking general and special damages, all re-judgment and post-judgment interest, attorneys’ costs and fees and other relief as deemed appropriate by the court.

The Power Morcellator Lawsuit is Case No 2:16-cv-00071 in the U.S. District Court for the Eastern District of Washington at Spokane.