An Arizona woman who was diagnosed with leimyosarcoma has filed a power morcellator lawsuit against Ethicon, the manufacturer of a morcellator that spread cancer during her hysterectomy.

The power morcellator lawsuit was brought by Plaintiff Kerry B. of Arizona and alleges that the power morcellator manufacturing company failed to provide adequate warnings to patients and doctors about the risk of cancer being spread during hysterectomy procedures where the surgical device is used.

In December 2000, Kerry underwent a laparoscopic hysterectomy and ovarian cystectomy to remove uterine fibroids, during which her surgeon used Ethicon’s power morcellator to remove tissue.

In 2003, Kerry went to her doctor complaining of severe abdominal pain.  A CT scan was performed and an abdominal mass was discovered.  Kerry had a biopsy performed on this mass and leiomyosarcoma, a particularly aggressive cancer, was diagnosed. Immediately after her diagnosis, Kerry underwent surgery to remove the cancerous mass.

She alleges that the use of Ethicon’s power morcellator during her hysterectomy caused the dissemination of undiagnosed cancer cells, forcing her to undergo additional abdominal surgery, hospitalization, pain and suffering, risk of death and disfigurement.

Kerry’s power morcellator lawsuit contends the defendants falsely represented the benefits of their power morcellator.

Power Morcellator Cancer Risk

Power morcellators are medical devices that have become more and more popular for use during laparoscopic hysterectomy and uterine surgery, in order to reduce recovery time and limit the risk of surgical complications.

However, serious concerns have emerged recently about the risk of power morcellation causing the spread of undiagnosed cancer cells contained within the uterus.

FDA Warns Against Morcellation

The FDA’s press announcement warns against morcellation based on data that suggests risks of spreading undetected cancerous tissue into areas outside of the uterus. According to the FDA, approximately 1 in 350 women who receive treatment for uterine fibroids have a rare form of cancer known as uterine sarcoma.

There is no way to determine if a fibroid is cancerous before removal.

When power morcellation is used to treat women with undetected uterine sarcoma, there is a risk that cancerous tissue might spread. According to the FDA, this can significantly worsen chances of long-term survival.

Power Morcellator Lawsuit Information

This power morcellator cancer lawsuit joins thousands of similar complaints from women throughout the United States in recent years alleging that power morcellator manufacturers, like Ethicon, failed to furnish sufficient warnings concerning the cancer risk to patients and doctors.

Power morcellators are used in about 50,000 procedures each year. This number continues to grow even as estimates suggest that as many as 1 in 350 women undergoing a morcellator procedure experience aggressive forms of previously undiagnosed uterine sarcomas following use of the device.

The FDA issued stronger warnings in December 2014 against the use of the devices after an advisory panel concluded that there was no safe way to use them, but has stopped short of banning them.

Kerry is seeking compensatory, pain and suffering, medical and hospital expenses and punitive damages for Ethicon’s alleged reckless disregard for public safety. The filed complaint indicates a demand for a jury trial for this case.

The Power Morcellator Lawsuit is Case No. 2:16-cv-01076, in the U.S. District Court for the District of Arizona.