A Georgia couple filed a power morcellator lawsuit against Johnson & Johnson and its subsidiary, Ethicon Inc., claiming that the robotic surgical device caused the spread of myomas, or uterine fibroids, throughout the wife’s body.
Plaintiff Mirriam and Ben P.’s morcellator lawsuit claims that as a result, Mirriam suffered the need for additional surgeries and treatments.
Mirriam had laparoscopic surgery on May 23, 2011, to remove unwanted uterine fibroids. The surgery used a Gynecare Laparoscopic Power Morcellator and consisted of a total hysterectomy, a cystoscopy, and an uterosacral vault suspension.
During the surgery Mirriam’s surgeon used the power morcellator to grind up and remove tissue from Mirriam’s abdominal area. A biopsy was performed, revealing that she had benign tissue lumps called leiomyoma.
According to the legal filings, these lumps proved to be more harmful than initially thought, and Mirriam was admitted to emergency care on Sept. 16, 2014 after complaining of sharp, stabbing abdominal pain. Diagnostic testing revealed that a large mass had formed in her right lower abdominal area.
In November of 2014, MRI images of Mirriam’s abdomen and pelvis revealed significantly large pelvic tumors that were consistent with uterine cancer symptoms. Mirriam was diagnosed with benign leiomyomas, and received her first cycle of chemotherapy on Nov. 11, 2014.
Since that time Mirriam has gone through a series of CT scans and diagnostic testing to monitor for any signs of uterine cancer.
She and her husband claim in their morcellator lawsuit that if surgeons had not used Johnson & Johnson’s power morcellator device, the myomas and tissue would not have been released and Mirriam would have been spared serious bodily injury and significant medical expenses.
Power Morcellator Complications
Power morcellators are popular robotic surgical devices often used for hysterectomy procedures.
The devices are inserted through a small incision in a woman’s lower abdomen. The power morcellator’s rotating blades then cut up the tissue, which is extracted through the small incision. Unfortunately, some lawsuits have alleged that the cutting and shredding may rupture dangerous tissue that could release uterine cancer cells.
There is currently no way to determine whether or not women have cancerous fibroids until after the surgery. Power morcellator manufacturers reportedly knew about this, but did not disclose the information to patients.
Many women like Mirriam who have been affected by uterine cancer symptoms after undergoing a hysterectomy using a power morcellator have contemplated taking legal action against the device’s manufacturers.
Mirriam and Ben’s power morcellator lawsuit is Mirriam and Ben P. v. Ethicon Inc., Case No. 1:15-cv-07356-JG-SMG, in the U.S. District Court for the Eastern District of New York.
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