A morcellation cancer lawsuit was recently filed in the federal district court of South Carolina against Karl Storz Endoscopy-America.

Plaintiff Romona G. filed the lawsuit for damage allegedly suffered from a surgery involving the Storz Rotocut G1 Morcellator. The morcellation cancer lawsuit claims that Storz Endoscopy failed to warn Romona and her doctor of the risks associated with using a morcellator, that the company is strictly liable for making a device that was unsafe for its intended use, and that Storz Endoscopy fraudulently misrepresented the risks associated with using the device.

On Dec. 28, 2011, Romona, a South Carolina resident, had a hysterectomy. Her surgeon used a Storz Morcellator to remove her uterus and one or more uterine fibroids, (growths found on the uterus). When biopsied, the fibroid tissue removed from Romona’s uterus turned out to have leiomyosarcoma, a rare form of cancer.

According to Romona’s morcellation lawsuit, using the Storz Morcellator potentially caused the cancerous cells to spread throughout her abdominal cavity. In order to prevent the potential spread of cancerous cells, after her initial surgery, Romona had to undergo months of painful and expensive radiation therapy.

Romona alleges that the radiation therapy caused several adverse side effects such as fatigue, joint pain, inflammation, swelling, insomnia, and gastrointestinal distress. According to the morcellation cancer lawsuit, due to the Storz Morcellator, Romona incurred expensive medical bills, lost employment compensation, and will need extensive annual testing to ensure the cancer hasn’t returned or spread to other areas of her body.

A morcellator is a medical device that allows surgeons to cut, shred and remove tissue, through a small incision in the body. The U.S. Food and Drug Administration (FDA) has recently begun warning doctors to avoid using morcellators, like Storz Morcellator, when removing a woman’s uterus, ovaries, or fibroids, especially in women who may have uterine cancer.

According to the FDA, using morcellators may cause cancer cells to spread throughout the body. Studies show that fibroid removal performed without the use of a morcellator has almost no risk of potentially spreading cancer cells.

According to the morcellation cancer lawsuit, Storz Endoscopy should have required surgeons to use a closed system tissue bag when using the morcellator device. A closed system tissue bag would capture tissue that may contain cancer cells and prevent those cells from spreading through a patient’s body. Romona alleges that closed system tissue bags have been available since 1991, years before Storz Morcellator went on the market.

In the morcellation cancer lawsuit, Romona also claims that Storz Endoscopy insufficiently warned patients and medical professionals of the dangers associated with using a morcellator device. The Storz Morcellator warning only advised that a closed system tissue bag should used if cancer cells were previously detected, but Romona’s lawsuit claims that in 1 out of every 350 women, detecting cancerous cells prior to surgery is not feasible or likely.

Romona states that had she known the potential consequences of using a morcellator to remove her uterus and fibroids, she would have chosen an alternative method of surgery.

Morcellation cancer lawsuits are being filed across the nation against various power morcellator manufacturers. Settlements and awards from these morcellation cancer lawsuits will help many patients pay expensive medical bills and help compensate for the pain and suffering many patients endured.

The Morcellation Cancer Lawsuit is Case No. 2:14-cv-04839-RMG, in the U.S. District Court for the District of South Carolina, Charleston Division.