A Louisiana woman who was diagnosed with uterine leiomyosarcoma filed a lawsuit against Ethicon, the manufacturer of a morcellator that allegedly spread cancer during her hysterectomy.
The power morcellator lawsuit was brought by Nidra P. who 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.
In April 2014, Nidra had a hysterectomy to treat her uterine fibroids. The morcellator was used to slice up tissues in her uterus, making them easier to remove through small incisions in her abdomen. Shortly after her laparoscopic surgery, Nidra was informed that she had cancer of the uterus.
Nidra alleges Ethicon is responsible for the spread of her uterine cancer as she continues she undergo aggressive treatment and therapy.
FDA Warns Against Morcellators
Power morcellators are medical devices that became 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.
Due to these concerns, the FDA issued a warning against morcellation, suggesting the device can spread undetected cancerous tissue into areas outside of the uterus. According to the FDA warning, approximately one 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.
The FDA issued stronger warnings in December 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.
Power Morcellator Lawsuits
Undergoing gynecological surgery is a painful and arduous ordeal in and of itself, but the shock of learning that the type of surgical procedure used may have resulted in a uterine cancer diagnosis can be terrifying. This power morcellation lawsuit joins thousands of similar complaints from women throughout the United States alleging that power morcellator manufacturers, like Ethicon, failed to furnish sufficient warnings concerning cancer risks to patients and doctors.
Nidra is seeking punitive, compensatory, medical expenses and other economic damages for Ethicon’s alleged reckless disregard for putting her life at significant risk.
The Power Morcellator Lawsuit is Case No. 2:15-cv-01310-CJB-MBN, U.S. District Court Eastern District of Louisiana.
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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