South Carolina plaintiff couple Andrea and Kevin P. are suing Johnson & Johnson, and its subsidiary Ethicon Inc., for allegedly causing Andrea to develop uterine fibroid cancer. The couple claims that the defendant’s power morcellator device, the Gynecare Tissue Morcellator, had ruptured an underlying uterine sarcoma in Andrea that resulted in her cancerous condition.

Background on Morcellation Cancer Lawsuit

Like millions of American women, Andrea had to undergo a myomectomy procedure and had opted to use the defendant’s robotic powered morcellator device. After reviewing the defendant’s power morcellator advertisements, the plaintiff’s physician had recommended the Gynecare Tissue Morcellator to be used in the laparoscopic surgery, as it was a far less invasive option.

On May 22, 2012, Andrea underwent the myomectomy procedure, which was needed due to dysfunctional uterine fibroid. During this procedure, the blades of the power morcellator had cut up of the uterine fibroid tissue and removed it though the small incision that was made in her abdomen.

Later on in September 2013, Andrea underwent another power morcellator procedure for a supracervical laparoscopic hysterectomy procedure, also using the Gynecare Tissue Morcellator. More uterine fibroids were found and removed during this procedure. It is important to note that prior to the first procedure, no leiomyosarcoma had been detected and no long-term consequences had been formed. The second procedure had been performed due to intense pain she felt in her abdomen and pelvic region, where the additional fibroids were found.

Unfortunately, sometime in 2014, the plaintiff was later diagnosed with leiomyosarcoma, or uterine fibroid cancer, after medical image testing found smooth muscle tumors of malignant nature. Andrea is now receiving medical treatment for her condition, and is expected to go through many rigorous sessions that will accumulate massive medical bills. At no point before or after her procedures did the defendants warn the plaintiff of the dangers attached to their device and provided no relevant studies. Therefore, Andrea and her husband are pursuing legal action against J&J and Ethicon for failing to protect her against the dangers of their device.

The plaintiff lawyers state that Johnson & Johnson had the civil responsibility of warning their clients and other power morcellator consumers of all possible side effects of their products. Andrea insists that she never would have used their power morcellator device if she had known about the possibility of spreading uterine sarcoma. For being allegedly responsible for manufacturing, selling, distributing, and marketing a dangerous product, Andrea and Kevin are suing Johnson & Johnson in this morcellation cancer lawsuit. The charges include negligence, false advertising, concealing information, and misrepresenting a product.

This Power Morcellator Lawsuit is Case No. 7:15-cv-02114-TMC, in the U.S. District Court for the District of South Carolina.

Overview of Power Morcellator Complications

Power morcellators are considered one of the greatest medical technological innovations of the 21st century. Use of this device provides a convenient alternative to the traditional laparoscopic surgery, which is highly invasive and requires a long period of recovery time. Every year, numerous hysterectomy procedures use power morcellators, with the promise of quick recovery. Unfortunately, it was not long after the release of these medical devices that problems were reported.

Medical experts explain that due to the process by which the uterine fibroids are destroyed, the morcellator blades may inadvertently rupture uterine sarcoma. Currently there is no way to diagnose uterine sarcoma before the procedure; the cancer is normally diagnosed soon after the surgery. This morcellation cancer problem became so apparent that in April 2014, the FDA announced that the agency was investigating the link between power morcellators and uterine cancer. It is estimated that one out of every 350 women undergoing power morcellator procedures may have undiagnosed uterine sarcoma.

An FDA advisory panel was recently held to evaluate the available data regarding the safety of the power morcellators, which resulted in the agency stating that there was no way to make power morcellators safer. However, the panel was divided between recommending that stronger warnings should be placed on the devices, or if they should be flat-out recalled. Ultimately, the FDA announced in November 2014 that it will allow power morcellators to remain on the market, albeit with significantly stronger warnings regarding the risk of power morcellators and uterine sarcoma.