By Joanna Szabo  |  December 10, 2015

Category: Legal News

Woman sitting on bed with stomach pain at homeA husband and wife from Florida recently filed a morcellator cancer lawsuit alleging that Ethicon’s Gynecare morcellator device caused devastating injuries, including the spread of undetected, malignant cancer cells.

Plaintiff Michelle D. and her husband claim that laparoscopic surgery performed with a Gynecare LPM, a power morcellator device, directly led to the spread of hidden uterine cancer throughout Michelle’s body. The morcellation cancer has cause the couple pain and suffering an ultimately worsened Michelle’s long-term prognosis.

According to the morcellator cancer lawsuit, Ethicon knew or should have known of the Gynecare power morcellator propensity to cause hidden cancer tissue to spread throughout a patient’s body.

The company should have been aware of the fact that their product could greatly worsen a woman’s chance of survival if she had hidden malignant tissue that spread.

The lawsuit further alleges that Ethicon (a subsidiary of Johnson & Johnson)was aware of evidence that power morcellators could cause significant injury decades prior to Michelle’s surgery but failed to disclose this information to patients and the medical community.

Michelle and her husband filed this power morcellator lawsuit on multiple counts, including negligence, defective design, and loss of consortium (loss of intimacy with a spouse).

Power Morcellator Risks

A medical device known as a power morcellator has been in use by surgeons across the U.S. since 1991, when it was first approved by the U.S. Food and Drug Administration (FDA). Power morcellation is a laparoscopic surgical process by which unwanted tissue is cut and shred in the body cavity, in order that it may be removed in smaller, more manageable pieces.

However, reports of power morcellation complications associated with gynecological surgeries such as hysterectomies or myomectomies have been increasing in recent years.

During a hysterectomy or myomectomy, a power morcellator cuts up uterine fibroids for removal. If the uterus or uterine fibroids contain some form of uterine cancer, the power morcellator, cutting tissue into tiny pieces, can actually spread undetected cancer cells throughout the body.

Most women develop uterine fibroids, but usually do not experience serious symptoms.  For other women, these fibroids can cause prolonged menstrual bleeding, as well as pelvic pain and other unwanted symptoms, necessitating uterine surgery to remove the fibroids.

According to the FDA, approximately 1 in 350 women who undergo these kinds of power morcellator procedures will have undetected uterine cancer that can spread to other parts of the body, taking root and becoming a potentially life-threatening cancer.

The cancer risks includes leiomyosarcoma, a rare and aggressive cancer that is life-threatening if spread throughout the body.

Power Morcellator Lawsuits

A growing number of women and their families have begun filing power morcellator lawsuits, alleging cancer diagnosis after a fibroid removal surgery or other gynecological procedure that involved the use of power morcellator. These plaintiffs allege that had they been adequately warned about the potential dangers of power morcellation, they would not have agreed to the procedure or opted for an alternative type of surgery.

If you or someone you know has undergone a laparoscopic surgery where a doctor has used a power morcellator, and have since developed cancer, you may be able to file a morcellator cancer lawsuit.

The Morcellator Cancer Lawsuit is Case No. 8:15-cv-02662-MSS-AEP, in the U.S. District Court for the Tampa Division of the Middle District of Florida.

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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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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