Power Morcellator Lawsuit Claims Device Spreads Cancer Hidden In Uterine Fibroids
November 30, 2015 – – Tracey & Fox reports on another lawsuit which has been filed against Karl Storz Endovision, Inc., one of several power morcellator manufacturers. The suit was filed on January 26th, 2015 in the U.S. District Court for the Eastern Division of Michigan. The case has been filed under number 2:15-cv-10352-TGB-APP. This is just one of many cases which have been filed against various power morcellator manufacturers, all similarly alleging that laparoscopic power morcellation may cause the spreading and upstaging of previously undetected cancer cells.
Details within this particular case state that the plaintiff, a Michigan resident, underwent a hysterectomy and a bilateral salpingectomy. She had developed uterine fibroids which were becoming painful and bothersome, and the procedure was designed to remove these fibroids via power morcellation. Before her surgery, the plaintiff was told she was cancer free, however, shortly after undergoing the surgery, she was diagnosed with stage-4 cancer which had spread to her breasts and bones. The woman alleges that as the power morcellator used blades to shred apart the uterine fibroid tissue, it uncovered hidden cancer cells and spread them throughout her body.
This complaint is the topic of many current lawsuits and even safety warnings by the U.S. Food and Drug Administration. These warnings state that laparoscopic power morcellators used during gynecological surgeries may spread cancer cells outside of the uterus. The FDA has stated that for this reason, most women should refrain from undergoing power morcellation on uterine fibroids. When cancer cells are encapsulated within these fibroids, they are nearly impossible to detect prior to surgery.
The FDA has also recently estimated that around 1 in every 350 women undergoing a myomectomy or hysterectomy may have cancer encapsulated within their uterine fibroids. There are other surgical options available to remove this tissue which include open surgery. Open surgery is avoided at times due to the fact that power morcellation presents a less invasive surgical option with a shorter recovery time.
Nationally, lawsuits against various morcellator manufacturers continue to be filed today. Those which have been filed were consolidated by the United States Judicial Panel on Multidistrict Litigation to form MDL number 2652. This consolidation is done to help litigation run more smoothly, and avoid duplicate discovery or different rulings by different judges. Additionally, it conserves time and money for everyone involved.
As the cases in this MDL await trial, the attorneys at Tracey & Fox are working to help any woman who has undergone surgery with a laparoscopic power morcellator, and who was subsequently diagnosed with cancer to explore her legal rights. These women may be entitled to substantial compensation. Tracey & Fox is currently offering free legal consultations to these individuals.
For additional information regarding power morcellation lawsuits and uterine fibroids, or to ask questions, contact the attorneys at Tracey & Fox by calling 713-322-5375.
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Sean Tracey
713-495-2333
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