By Kim Gale  |  June 21, 2016

Category: Legal News

power morcellatorOnce hailed as the MVP of laparoscopic surgery, power morcellators have been blamed for spreading cancer cells during procedures.

Now, newly introduced legislation aims to get power morcellators and other dangerous medical devices off the market.

A power morcellator is a medical device that chops and grinds tissue during laparoscopic surgery so that the small chunks of tissue can be vacuumed out through small cuts in the abdomen rather than through larger incisions used in traditional surgery.

Power morcellator complications may arise because the device scatters pieces of tissue throughout the abdominal cavity. These tiny pieces of tissue seed new growth.

Sometimes, even benign tissue can be problematic; it can grow around the intestines, causing obstructions. In other cases, previously undetected cancer cells attach to organs where new tumors grow, spreading the power morcellator cancer.

When Stage I cancer cells are taken from a centralized organ and scattered throughout the abdomen, the cancer can escalate to Stage IV very quickly.

Two different bipartisan bills have been introduced aimed at getting power morcellators off the market by making it easier for patients to sue medical device manufacturers and by requiring doctors to report adverse events.

Power Morcellator Cancer

In many cases, power morcellators  were used to grind a uterus and fibrous tissue for its removal in laparoscopic surgery.

One such case claims that as a result of the morcellator’s ability to spew bits and pieces of tissue throughout the abdomen, cells – including cancer cells that had not yet been diagnosed – were disseminated throughout the woman’s body cavity and took seed, resulting in lung cancer.

Testing of the morcellated specimens were positive for leiomyosarcoma, a rare and deadly form of cancer found in connective or supportive smooth muscle tissues of the body, including that of the uterus. This power morcellator cancer metastasized to her lungs, resulting in fatal lung cancer.

Legislation Directed at Power Morcellator Complications

U.S. Representatives Louise Slaughter, D-N.Y., and Michal Fitzpatrick, R-Pa., joined forces to introduce the Medical Device Guardians Act of 2016. If passed, it would require doctors to submit reports to the FDA when problems with power morcellators or other devices were encountered during surgery.

Current law only requires hospitals and manufacturers to report such incidents.

Patient advocates fear that since physicians don’t have to report adverse events with devices that this has led to significant underreporting of power morcellator complications. Physicians already use an online database to report adverse effects of prescription drugs to the FDA, a task they are required to do by law.

Power Morcellator Lawsuits

Johnson & Johnson has settled more than 100 legal claims and lawsuits regarding its Ethicon power morcellator’s cancer-spreading potential, according to the co-lead counsel for a consolidated suit against Johnson & Johnson, as quoted in the Wall Street Journal.

Johnson & Johnson stopped sales of its power morcellator in April 2014 and took it off the market in July 2014.

“While we all agree that the majority of medical devices can and should prove to be invaluable, life-saving products,’’ Fitzpatrick said, “we must also note some well-intentioned products can cause harm and have devastating consequences on patient safety and patient health.’’

The Medical Device Guardians Act would include both existing and future medical devices.

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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