New Morcellator Cancer Lawsuits Allege Ethicon’s Gynecare Morcellex Power Morcellator Device Promoted the Spread and Upstaging of Leiomyosarcoma Uterine Cancer When Used to Perform Laparoscopic Hysterectomies
Morcellator Cancer Lawsuit News: The power morcellator attorneys at Southern Med Law announce that they have filed two new morcellator cancer lawsuits against Johnson & Johnson’s Ethicon, Inc. subsidiary. The complaints allege that the company’s Gynecare Morcellex power morcellator device promoted the spread and upstaging of leiomyosarcoma uterine cancer when it was used to perform laparoscopic hysterectomies.
Power morcellators are surgical tools that to shred, cut and remove uterine tissue and fibroids during minimally-invasive gynecological surgeries. According to a morcellator lawsuit filed in the U.S. District Court, Eastern District of Washington, by Southern Med Law on September 18th, the Gynecare Morcellex device was used in the removal of large uterine fibroids when the Plaintiff underwent a laparoscopic supracervical hysterectomy in December 2012. It was later discovered that leiomyosarcoma cancer was present in her uterine tissue at the time of her surgery. (Case 2:15-cv-00252)
The second power morcellator lawsuit was filed in the U.S. District Court, Western District of Arkansas, on September 21st on behalf of a widower who lost his spouse to leiomyosarcoma in March 2014. According to his complaint, the Plaintiff’s wife had undergone a robotic laparoscopically-assisted hysterectomy and cystoscopy in June 2011, at which time the Gynecare Morcellex device was used to cut, shred and remove much of her uterus. Following the surgery, leiomyosarcoma was discovered to be present in the tissue shredded by the morcellator. (Case 6:15-cv-06100-SOH)
Both morcellator cancer lawsuits allege that leiomyosarcoma cancer tissue present in the women would have remained encapsulated but for the tissue shredding and dissemination caused by the Gynecare Morcellex morcellator. The device ruptured the capsule containing the cancerous tissue and spread the tissue into their abdominal cavities. According to the morcellator cancer lawsuits, that laparoscopic morcellator surgery changed the course and prognosis of the leiomyosarcoma cancer, upstaging it and profoundly injuring the patients, leading to their physical and economic damages.
Power Morcellators and Uterine Cancer
Since April 2014, the U.S. Food & Drug Administration (FDA) has published two morcellator cancer warnings, the first of which discouraged doctors from using the devices due to their potential to disseminate dangerous uterine malignancies. In November 2014, the FDA ordered that a new black box warning be added to the labeling of power morcellators regarding the risk that the devices will spread uterine sarcoma and other cancer cells if they are present at the time of surgery. The agency also cautioned against the use of power morcellators in the majority of women who require myomectomy and hysterectomy. The FDA has estimated that 1 in 352 women with fibroids actually have undiagnosed uterine sarcoma, while 1 in 498 has the more aggressive form of the disease, leiomyosarcoma.
[fda.gov/MedicalDevices/Safety/AlertsandNotices/ucm393576.htm, April 17, 2014]
[fda.gov/MedicalDevices/Safety/AlertsandNotices/ucm424443.htm, November 24, 2014]
Southern Med Law has been fighting for the rights of alleged morcellator cancer victims even before the FDA acted to warn the public about this potential danger. Among other things, Dr. François Blaudeau, the Firm’s founder, serves as Lead Counsel in what was the first power morcellator cancer lawsuit filed in a U.S. court. The case, which was scheduled to go to trial this November in the U.S. District Court, Eastern District of Pennsylvania, was recently settled for an undisclosed amount. (Case No. 5:14-cv-1557, E.D. Pa., Allentown)
As both an attorney and practicing obstetrician/ gynecologist, Dr. Blaudeau’s understanding of female reproductive issues, together with his knowledge of the law, allows him to approach power morcellator cancer lawsuits with a unique perspective. If your life has been devastated because of uterine cancer that was allegedly disseminated and upstaged via a power morcellator, please contact Southern Med Law today to learn more about your legal rights. You can arrange for a free, no obligation power morcellator cancer lawsuit review by visiting www.southernmedlaw.com, or by calling the office directly at 205-547-5525.
About Southern Med Law and Filing A Morcellator Cancer Lawsuit
Throughout his career, Dr. Blaudeau has worked hard to develop a strong reputation in healthcare litigation. His first-hand knowledge of medicine has made the Southern Med Law team an aggressive and effective advocate for those who were harmed due to negligent medical device manufacturers. If you or a woman you love was harmed by a power morcellator, please contact Southern Med Law today to learn more about your legal rights. Call today for a free, no obligation power morcellator cancer lawsuit review by filling out our online form, or by calling the office directly at 205-547-5525.
Southern Med Law
François M. Blaudeau, MD JD FACHE FCLM Esquire
2224 1st Avenue North
Birmingham, Alabama 35203
Medical Negligence/MedicalDevice/Pharma/Qui Tam