Colorado plaintiff Molly M. is suing Johnson & Johnson and its subsidiary, Ethicon Inc., for allegedly causing her to develop a severe form of uterine cancer. Molly claims that as a direct result of using the defendants’ power morcellator device, her uterine sarcoma was ruptured and dormant cancer cells spread throughout her body.

After her doctor identified uterine fibroids Molly opted to have them removed using a power morcellator, an alternative to the traditional surgical process. This methodology has become increasingly popular in the patient community because it is more precise than traditional surgery, far less invasive, and requires less hospital recovery time.

Johnson & Johnson is one of the many pharmaceutical companies to develop its own power morcellator, in this case the “Diva,” which was used on Molly for her procedure in April 2013. While the surgery was completed successfully, Molly was diagnosed with uterine cancer soon after the surgery. Unfortunately, this has been a fairly common complication in power morcellator injury reports because uterine sarcoma cannot be detected before the surgery.

Molly’s fibroids were removed, but she now has a much more severe complication. Molly was been diagnosed with one of the most severe uterine cancers, leiomyosarcoma, which is known for being highly resistant to chemotherapy and radiation. While contending with this condition, Molly has decided to file legal action against Johnson & Johnson and the Diva’s manufacturing company, Ethicon Inc., for failing to protect her against the defects of the device.

Ever since being diagnosed with leiomyosarcoma, Molly has been forced to undergo painful, aggressive, and debilitating treatment for her cancer. Molly’s life expectancy has been significantly lowered, with her long-term survival chances looking bleak. Medical records indicate that even if Molly were to survive this ordeal, the chances of recurrence are high.

The defendants promoted the Diva as being a safe and effective method for laparoscopic procedures, especially in the cases of uterine fibroid removals. Instead, it has allegedly caused the plaintiff and millions of other women to suffer from devastating side effects.

Molly’s lawyers state that Johnson & Johnson had the responsibility to warn their client and other consumers of all the dangers associated with their device, because patients and doctors rely on the accuracy of the given information. Molly insists that she never would have used the power morcellator device if she had known about the possibility of spreading uterine sarcoma.

Molly is suing Johnson & Johnson for manufacturing, selling, distributing, and marketing an allegedly dangerous product. The charges include negligence, false advertising, concealing information, and misrepresenting a product.

This Power Morcellator Lawsuit is Case No. 1:15-cv-00695-WYD-KMT, in U.S. District Court for the District of Colorado.

Overview of Power Morcellator Complications

Medical experts estimate that 650,000 women each year will undergo a surgical laparoscopic procedure like hysterectomy or myomectomy, with a significant portion of them opting to use power morcellators. In comparison, the traditional process calls for the entire uterine fibroids to be removed in one piece, requiring a highly complicated and invasive surgery. When power morcellators first appeared on the market, they were considered a major move forward in medical technological innovation. Women everywhere rejoiced at the prospect of a minimally invasive procedure for their hysterectomy and other laparoscopic procedures, with the additional bonus of less recovery time.

Power morcellators are electrically powered surgical tools composed of spinning blades, which are meant to grind or shred uterine fibroids into smaller pieces. These pieces are then removed using suction through a small port where the incision sight is, ideally allowing doctors to remove the fibroids in a swift and efficient manner. However, the procedure involves rupturing the fibroids and possibly spreading cancerous cells throughout the body.

While there have been developments to increase the safety of the product, such as implementing a “safety tissue bag” that is meant to collect tissue debris during the procedure, injuries are still occurring and the medical community and patient population are increasingly scrutinizing the cancer risk from power morcellators.