A new power morcellator lawsuit, filed by a South Carolina woman, claims that morcellator device manufacturer Ethicon, a subsidiary of Johnson & Johnson, was aware that morcellators could disseminate and upstage endometriosis and fibroids into other parts of women’s bodies.
During a laparoscopic hysterectomy that Plaintiff Joan S. underwent in April 2008, an Ethicon Gynecare Morcellex power morcellator was used to remove fibroid tissue.
Four years later in 2012, Joan was found to have endometriosis, a spreading of uterine cells into her abdomen, and leiomyomatosis, an overgrowth of fibroid masses, both of which are painful conditions. According to the power morcellator lawsuit, it was later determined that Joan’s condition could be directly attributed to the morcellation surgery.
Due to the severity of her condition, Joan had to undergo major exploratory surgery and will likely need additional surgeries and treatments in the future in order to combat the damage allegedly caused by the power morcellator device.
About Endometriosis
Endometriosis occurs when tissue that normally grows inside of the uterus, the endometrium, grows outside of the uterus. In most cases, this growth happens on and around organs in the pelvic cavity. The tissue in endometriosis acts just like it would inside the uterus: it grows, thickens and tries to shed with every menstrual cycle.With endometriosis, this tissue has no way of leaving the body and can cause a lot of pain leading to other complications including infertility.
Power Morcellator Risks
Power morcellators are medical devices used during various laparoscopic surgeries, such as hysterectomies and myomectomies, which aggressively cut uterine tissue into small pieces permitting the tissue to be removed through a small incision site. The proposed benefits of this type of procedure include shorter recovery periods, fewer complications and less pain.However, due to recent scrutiny and a rise in reports in the medical literature, the FDA issued a safety alert in April 2014. This alert discouraged the use of these devices in uterine and fibroid removal procedures, as they may spread an undetected or unsuspected benign or cancerous tissue that could lead to the dissemination of endometriosis or uterine sarcoma.The inherent risk of power morcellation is the dissemination of the broken-up tissue. Benign tissue can become implanted on abdominal structures and organs, resulting in conditions such as fibroids, endometriosis and adenomyosis, potentially requiring further surgery.Furthermore, power morcellators can spread malignant tissue from an undiagnosed uterine cancer, including leiomyosarcoma, endometrial stromal sarcoma, carcinosarcoma and endometrial adenocarcinoma. This can significantly worsen a patient’s prognosis from treatable to deadly.In response to this FDA communication, Johnson & Johnson’s power morcellator manufacturing unit, Ethicon, suspended all worldwide sales and distribution of power morcellators and ordered a voluntary market withdrawal. The suspension and withdrawal affected all Johnson & Johnson morcellator products, including its Gynecare Morcellex, Gynecare X-Tract, and Morcellex Sigma. Several hospitals have suspended use of these devices.
Morcellation Lawsuits
The power morcellation lawsuit accuses Ethicon of personal injury, breach of express warranty, fraudulent misrepresentation and omission, fraud by concealment and negligent misrepresentation, seeking both compensatory and punitive damages.Power morcellator lawsuits filed in federal courts across the U.S. have been centralized in the U.S. District Court for the District of Kanas. The number of power morcellator lawsuits included in the MDL is expected to increase over the coming months.If you or woman you care about were diagnosed with upstaged endometriosis or uterine cancer following a power morcellation surgery, contact an attorney to determine whether you may be eligible to file a morcellator lawsuit.The Ethicon Power Morcellation MDL is In Re: Ethicon, Inc., 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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