By Melissa LaFreniere  |  September 15, 2015

Category: Legal News

morcellator-surgery-settlementThe first power morcellation lawsuit filed by a widower against LiNA Medical has settled.

The plaintiff filed the power morcellator lawsuit after his wife was diagnosed with uterine cancer nine days after a laparoscopic hysterectomy that used the medical tool.

According to the morcellation cancer lawsuit, prior to the procedure the woman had undergone testing to see if uterine cancer was detected. Although results showed no evidence of cancer, she was told she had leiomyosarcoma just days later.

The plaintiff claimed that the couple was never warned that using a power morcellator could cause the spread of uterine cancer. The settlement is undisclosed.

The Power Morcellator Lawsuit is Case No. 5:14-cv-1557, in the U.S. District Court for the Eastern District of Pennsylvania.

What is a Power Morcellator?

A power morcellator is medical tool used in laparoscopic surgery to remove uterine fibroids. The surgical device is inserted through an incision and then breaks up tissues into small pieces.

Power morcellation was once considered a medical breakthrough as patients undergoing a hysterectomy or myomectomy would have a much shorter recovery time when compared to more traditional surgery.

However, using the surgical tool on unsuspected cancerous tissues can cause cancer to spread quickly throughout the abdomen. Recent studies have found that one in 350 women who undergo laparoscopic surgery for a hysterectomy or myomectomy in which a power morcellator is used will be diagnosed with uterine sarcoma.

Morcellator Cancer Risks

The cancer risk linked to the medical device urged the U.S. Food and Drug Administration to issue a “black box” warning on all power morcellators. This is the strongest caution the federal agency will assign before removing a product from the market.

In 2014, the FDA released a safety warning about the risks involved with using morcellators to break up uterine fibroids. The agency stated that “if laparoscopic power morcellation is performed in women with unsuspected uterine sarcoma, there is a risk that the procedure will spread the cancerous tissue within the abdomen and pelvis, significantly worsening the patient’s likelihood of long-term survival.”

The FDA also encouraged physicians to consider other treatment options for removing symptomatic uterine fibroids. After the FDA released its caution about the possible link between power morcellators and uterine sarcoma, some of the largest health insurance companies across the nation began changing the way the surgical tool is classified.

Cigna, UnitedHealth Group, Aetna and other insurance companies are making it difficult for patients to obtain insurance coverage for power morcellation use.

Morcellation Cancer Lawsuits

Hundreds of power morcellator cancer lawsuits have been filed across the nation. In general, plaintiffs allege that manufacturers insisted that the surgical tool was a safe device while they ignored years of studies that showed a link between the device and uterine sarcoma.

In addition, some plaintiffs claim that power morcellator manufacturers knew of the cancer risks linked to the device but failed to warn patients.

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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Join a Free Morcellation Cancer Class Action Lawsuit Investigation

If you or a loved one were diagnosed with cancer in the uterus, pelvis or abdomen within two years of undergoing surgery for a myomectomy (removal of fibroids), hysterectomy (removal of the uterus), oophorectomy (removal of the ovaries), or salpingectomy (removal of fallopian tubes), you may have a legal claim. See if you qualify by filling out the short form below.

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