A California couple has filed a power morcellator lawsuit against Gyrus ACMI, alleging that its product caused cancer to spread.
Plaintiffs Kurt and Lisa N. claim in their power morcellator lawsuit that the device caused Lisa to develop uterine cancer after a physician used the device to perform a hysterectomy.
Hysterectomies and other laparoscopic surgeries are highly delicate procedures. Power morcellators aid in the surgery by using a rotating blade to grind up tissue, which can then be removed through a tube inserted using a small incision.
While laparoscopic surgery using a power morcellator cuts down on surgery and recovery time, it can be dangerous for women with undiagnosed cancer. The devices may rupture uterine sarcoma cells, which ultimately allows for a fast and aggressive progression of uterine cancer.
There is currently no diagnostic method available to pre-determine if patients have uterine sarcoma, leaving women to find out after their power mocellator surgeries.
This was Lisa’s experience. Although her surgery was initially considered a success, a little more than a year after her surgery she was diagnosed with a severe case of uterine cancer.
Medical records revealed that she had seven cancerous tumors in her abdomen. Lisa alleges that the power morcellator device used in her surgery ruptured the uterine sarcoma, releasing deadly cancer cells into her body.
Lisa has had to undergo additional surgeries and chemotherapy to treat the tumors, and is still heavily monitored for signs of any new tumors forming. Unfortunately, there is a strong chance of recurrence.
Overview of Power Morcellator Complications
Because of their link to spreading uterine cancer, numerous medical experts advise surgeons against using power morcellators. Some hospitals already ban the use of power morcellators in their facilities.
The warnings and bans come too late for women who have already developed cancer after undergoing procedures using the devices. A number of these women have chosen to take legal action against the device’s manufacturers. The lawsuits allege that the manufacturers failed to include warnings of uterine sarcoma on the product’s warning label.
Lisa’s morcellator lawsuit claims that Gyrus knew about their device’s potential complications, but chose not to warn consumers of the possibility of uterine cancer. Lisa states that she never would have used the device if she had known about the possibility of uterine cancer.
For being allegedly responsible for manufacturing, selling, distributing, and marketing a dangerous product, Lisa and her husband are suing Gyrus Amci. The charges include negligence, false advertising, concealing information, and misrepresenting a product.
This Power Morcellator Lawsuit is Lisa N. and Kurt N. v. Gyrus ACMI, LLC, Case No. 2:14-cv-02375-GEB-DAD, in the U.S. District Court for the District of Eastern California.
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