New Power Morcellator Lawsuit Filed In Tennessee

September 21, 2015 – – Tracey & Fox have reported that one of the latest Power Morcellator lawsuits has been filed in the state of Tennessee.

The plaintiff is listed as a woman who had been experiencing over a year of irregular menstrual bleeding before she was referred to a gynecologist at Cool Springs Obstetrics & Gynecology in Brentwood, Tennessee. Per the complaint, which was filed in the Circuit Court For Davidson County, Tennessee under civil action number 15C2984, the plaintiff opted to undergo a laparoscopic supracervical hysterectomy with bilateral salpingectomies to treat the uterine fibroids causing her bleeding. Prior to her surgery, she claims she was not told that her surgeon would be using a power morcellator or warned of the risks associated with the use of a power morcellator.

The surgery took place on August 8th, 2014, and pieces of the fibroid were sent to the pathologist for analysis. On August 21st, 2014 the plaintiff was informed that one of her fibroids, which had been cut by the morcellator used during her surgery, contained leiomyosarcoma. She was then referred to an oncologist who performed a complete hysterectomy and treated the plaintiff with chemotherapy for five months.

The power morcellator used in this case was the MOREsolution morcellator manufactured by a company called Blue Endo. Blue Endo is just one of several power morcellator manufacturers with devices on the market today. The power morcellator was approved by the U.S. Food and Drug Administration under a 501(k) in 1991. The 501(k) allowed surgical devices to be approved without any safety testing if the device is shown to be “substantially equivalent” to a previously approved tool.

On April 17th, 2014, the FDA surprised the medical community by releasing a safety warning regarding the use of power morcellators during gynecological surgeries. This warning, which was later updated on November 24th, 2014, notes that “there is no reliable method for predicting whether a woman with fibroids may have a uterine sarcoma.” and that “If laparoscopic power morcellation is performed in women with unsuspected uterine sarcoma, there is a risk that the procedure will spread the cancerous tissue within the abdomen and pelvis, significantly worsening the patient’s likelihood of long-term survival.”

Following this announcement, numerous lawsuits have been filed against multiple morcellator manufacturers, all alleging that the use of a power morcellator spread undetected uterine cancer to other areas of the body.

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Sean Tracey
713-495-2333
440 Louisiana Street , Suite 1901
Houston, TX 77002

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