Robyn B. of Wisconsin has undergone an overwhelming and aggressive treatment regimen for metastatic cancer, and her future holds more of the same. She is now suing the makers of a surgical device that she alleges caused her previously hidden cancer to spread.

Robyn states she underwent a supracervical hysterectomy in October 2011. She says her surgeon used a Gynecare Morcellex Tissue Morcellator MX0100 and a 15-millimeter blade Karl Storz morcellator. Although testing conducted prior to surgery did not reveal evidence of cancer, later examination of the tissue removed during surgery revealed that what was thought to be a fibroid was in fact a leiomyosarcoma, a type of cancerous tumor.

Examination immediately after the surgery found no remaining evidence of cancer. However, in February 2013, a CT scan found multiple masses in her lower abdomen. The next month she underwent extensive surgery to remove the new masses, and pathology results from that surgery revealed recurring metastatic leiomyosarcoma. She underwent four courses of chemotherapy, then further surgery in June 2014. An exam in April 2015 revealed the cancer had spread to her liver. Her physicians have informed her that the cancer has shortened her life expectancy and that she must continue aggressive treatment.

Robyn is suing Karl Storz, Ethicon, Johnson & Johnson, Vention, and related companies, all manufacturers of laparoscopic power morcellators like those used in her surgery. She also names in her complaint anonymous companies and persons, reserving her right to add other potential defendants when and if she discovers them.

A power morcellator is a surgical device designed and used to remove tissue during gynecological laparoscopic surgical procedures, such as removal of the uterus (hysterectomy) or removal of uterine fibroids (myomectomy). A morcellator works by gripping the tissue and pulling it against a set of rotating blades that cut the tissue free. By cutting the tissue into smaller pieces, a morcellator allows doctors to remove tissue through the smaller incisions used in laparoscopic surgery, avoiding the larger incisions and potential complications associated with more traditional open abdominal surgery.

In April 2014, the FDA issued a safety communication, updated that November, warning that laparoscpic power morcellators create a risk of spreading cancer throughout the body. The problem occurs when fragments of tissue, possibly containing previously undetected cancer cells, are left in the abdomino-pelvic cavity. When that happens, the morcellation can cause the cancer to spread to other parts of the body. Because of this risk, the FDA now advises surgeons not to use laparoscopic power morcellators on women who are near menopause, post-menopausal, or are candidates for “en bloc” tissue removal. This contraindication covers most women with fibroids who undergo hysterectomy or myomectomy.

Robyn argues that the defendants knew or should have known that their power morcellators could cause malignant tissue to spread. Robyn cites scientific literature from as early as 1991 that describes the risk of dissemination of malignant tissue associated with power morcellation. She alleges the defendants failed to provide proper warnings that would have put consumers and their physicians on notice of the increased cancer risk.

Robyn’s morcellator cancer lawsuit raises claims for negligence, strict products liability for defective design, and strict liability for failure to warn. She seeks compensation for pain and suffering, medical expenses, lost earnings and earning capacity. She also seeks punitive damages based on the alleged willful nature of the defendants’ conduct.

This Morcellator Cancer Lawsuit is Case No. 3:15-cv-00242-bbc, in the U.S. District Court for the Western District of Wisconsin.