By Meredith Friesen  |  May 14, 2015

Category: Legal News

Operation being performed on a stomach by surgeonsA morcellation cancer lawsuit was filed by a woman and her husband claiming that the Gynecare power morcellator caused hidden cancer cells to spread throughout her body.

Johnson & Johnson and Ethicon have faced countless similar allegations in morcellation cancer lawsuits from plaintiffs, in whom power morcellators were used to remove uterine fibroids, under go a hysterectomy, or other similar surgery.

Plaintiff Eva G. is the former mayor of Sandy Springs, Ga. According to her morcellation cancer lawsuit, she underwent a hysterectomy with the power morcellator device in Jan. 2011.

Before the surgery, she had no knowledge of any cancer cells in her body. Following the hysterectomy, she was diagnosed with endometrial stromal sarcoma/leiomyosarcoma. In 2013, she was diagnosed with a recurrence mestastatic endometrial sarcoma, the power morcellator lawsuit states.

According to the morcellation lawsuit, this diagnosis is morcellation cancer because had the plaintiff not used power morcellators for her hysterectomy, she allegedly would not have suffered from the disease and it would not have spread throughout her pelvis.

The morcellation cancer lawsuit states that “the Laparoscopic Power Morcellator used on Plaintiff during her 2011 surgery caused this specific cancerous condition, profoundly and gravely injuring Plaintiff.”

How is Power Morcellation Cancer Caused? 

Power morcellators were designed to be used as an alternative to traditional hysterectomies or myomectomies. Instead of being invasive and requiring extensive recovery time, power morcellators can enter the body through a small slit in the abdomen. The device then cuts the tissue into small pieces, which are then removed.

Power morcellation cancer often comes from undiagnosed cancer in uterine fibroids. Many, if not most, women have their uterine fibroids removed at some point in time. When power morcellators cut and remove the tissue through the abdomen, the cancer cells are able to spread beyond the uterus. Some women have been required to have multiple surgeries to remove the organs that were affected by power morcellation cancer.

The risk of developing power morcellation cancer is considerably high considering that one in 350 women have undiagnosed sarcoma.

The FDA began investigating power morcellators in 2014 due to the high numbers of complications linked with hysterectomies and other surgeries performed using power morcellators. 

The devices were not recalled by the FDA, but stronger warnings were implemented instead. However, due to the risk of power morcellation cancer, many hospitals will no longer use them. Gynecare power morcellators (the same involved in this power morcellation cancer lawsuit) were recalled in 2014 by the manufacturer due to the safety hazards.

Power morcellation cancer lawsuits have been filed by hundreds of women across the country after undergoing a hysterectomy or similar surgery with a power morcellator. Undiagnosed cancer in the uterine fibroids combined with the lack of safety of the power morcellators has caused many to be diagnosed with cancer.

Power morcellation cancer lawsuits have accused the manufacturers of failing to warn against power morcellation cancer and of creating a defective product.

This Power Morcellation Cancer Lawsuit is Case No. 1:15-cv-01046-ODE, in the U.S. District Court for the Northern District of Georgia, Atlanta Division. 

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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