Southern Med Law Is Representing a Michigan Women In A Morcellator Cancer Lawsuit Contending She Developed Rare Uterine Cancer Following A Robot-Assisted Hysterectomy And Upstaged And Disseminated By A Power Morcellator.
Southern Med Law recently filed a morcellator lawsuit on behalf of a Michigan woman who developed cancer after undergoing a robot-assisted laparoscopic supracervical hysterectomy with a power morcellator. The woman underwent the procedure on July 15, 2013 and one week later, was diagnosed with an upstaged endometrial stromal sarcoma, a rare type of uterine cancer, that was allegedly disseminated by the morcellator, the lawsuit said. In October 2013, the woman had a second surgery to access the spread of the cancer, and is currently undergoing treatment. The lawsuit alleges that defendants, Karl Storz Endoscopy-America, Inc., Karl Storz Endovision, Inc., and Karl Storz GMBH & Co.KG, knew about the cancer risks associated with their morcellator but failed to warn about the risks and failed to make the instrument safe for its intended use. Laparoscopic power morcellators have come under scrutiny by the U.S. Food and Drug Administration (FDA)s, the FBI and by women who have filed morcellator cancer lawsuits after developing uterine cancer that stemmed from a hysterectomy (removal of the uterus) or myomectomy (removal of uterine fibroids) in which morcellation was used. (Case No. BC588075, Superior Court of California, Los Angeles County).
“Nearly two weeks after we settled the first federally filed morcellator cancer lawsuit, this lawsuit was filed in which another woman developed cancer and experienced pain and suffering due to a power morcellator,” says Dr. François Blaudeau, a founder of Southern Med Law and a practicing obstetrician/ gynecologist with a unique understanding of the complex medical and legal questions surrounding laparoscopic power morcellators used in surgical procedures in women. The firm offers free legal evaluations to women who have developed uterine cancer after a power morcellator hysterectomy. You can speak with Dr. Blaudeau or one of the firms attorneys by calling 1-205-547-5525 or visit www.southernmedlaw.com to fill out an online contact form.
As explained in court documents, laparoscopic power morcellators are used in minimally invasive surgeries such as a hysterectomy tor a myomectomy. The morcellator slices uterine tissue into shreds so that the fragments can be removed through small incisions made in the abdomen. The unsuspected cancer cells are contained in the uterine tissue fragments being removed. The cancer cells are spread into the abdominal and pelvic cavity and dispersed throughout the body, according to the morcellator cancer lawsuits.
According to an FDA analysis, the prevalence of unsuspected uterine sarcoma in women undergoing a hysterectomy or myomectomy to remove benign fibroids is 1 in 352 and the prevalence of unsuspected uterine leiomyosarcoma is 1 in 498. The FDA defines leiomyosarcoma as a rare and aggressive form of soft tissue cancer involving smooth muscle cells in the uterine and gastrointestinal areas. The cancer risks involved with power morcellators prompted the FDA to issued a strong warning in November 2014 against using power morcellators for the majority of women who require a hysterectomy or myomectomy, including those who are going through menopause, about to enter menopause, or those who are good candidates for minimally invasive procedures that do not require the use of power morcellators The FDA also directed manufacturers of power morcellators to place a black box warning on the label of their morcellators about the cancer risks associated with their devices.
[fda.gov/MedicalDevices/Safety/AlertsandNotices/ucm424443.htm, November 24, 2014]
Southern Med Law adds that cancer risks are still present in a robotic surgeries when power morcellation is used. Southern Med Law recently settled the first federally filed lawsuit involving 53-year-old Donna Burkhart of Pennsylvania, who died of disseminated leiomyosarcoma in February 2013, after undergoing a robot-assisted hysterectomy with uterine morcellation. The complaint filed on behalf of Scott Burkhart, Donna Burkhart’s husband, contends that power morcellator manufacturers, LiNA Medical APS, Kebomed AG & LiNA Medical US, failed to adequately warn about the cancer risk associated with their power morcellators. Details of the settlement were not disclosed. (Case No. 5:14-cv-1557, U.S. District Court, Eastern District of Pennsylvania)
About Southern Med Law And Filing A Morcellator Cancer Lawsuit
Southern Med Law and Dr. François Blaudeau possess a unique understanding of the medical and legal questions at issue in power morcellator cancer lawsuit claims. It is this in-depth knowledge that is tantamount to a successful legal representation that protects the rights of the injured. The staff at Southern Med Law is not only trained in successfully handling your legal needs but also understand the pain and suffering and treatment from a medical point of view, and is committed to protecting the rights of all individuals. For more information on filing a morcellator cancer lawsuit contact Dr. Blaudeau by calling 1-(205) 547-5525 or visit www.southernmedlaw.com for more information and to fill out an online contact form.
Southern Med Law
François M. Blaudeau, MD JD FACHE FCLM Esquire
2224 1st Avenue North
Birmingham, Alabama 35203
Phone: (205) 547-5525
Fax: (205) 547-5526
Medical Negligence/MedicalDevice/Pharma/Qui Tam