Power Morcellator Lawsuit Plaintiffs Note Congress Involvement

November 20, 2015 – – Tracey & Fox reports on the involvement of Congress in the pending power morcellator litigation, details of which were first announced by the Wall Street Journal. WSJ released an article stating that twelve members of Congress got together to compose a letter addressing the United States Government Accountability Office and asking that they begin an investigation into laparoscopic power morcellators. The devices, made by various manufacturers, have recently been surrounded by controversy and debate, as lawsuits against them began to appear across the country. The lawsuits commonly allege that using laparoscopic power morcellation during gynecological surgeries such as hysterectomies and myomectomies can spread and accelerate cancer by exposing previously undetected cancer cells.

The letter from Congress was sent in August of 2015 and noted that: “Hundreds, if not thousands of women in America are dead because of a medical device known as the laparoscopic power morcellator.” Several plaintiffs who had initially filed lawsuits against the device, as well, have since passed away due to fatal cancer. Their families have continued their legal battle against the tool, hoping to prevent other women from suffering the same fate.

Power Morcellators provide a less invasive surgical option than open surgery for women. The tube of the tool is inserted into a woman’s abdomen through a small incision. Once inside, “jaws” are connected to the tool, which have tiny blades that spin, designed to shred apart uterine tissue and uterine fibroid tissue. In doing so, however, plaintiffs allege that the tool shreds tissue containing previously undetected cancer cells, exposing the cancer. The spinning process of the machine also allegedly spreads those cells throughout the body, helping to accelerate the cancer and cause it to be higher-grade. Many times, the aggressive, widespread cancer is untreatable, and proves to be fatal.

The United States Food and Drug Administration has also stepped forward with a safety warning against power morcellation, stating that most women should refrain from using the tool during gynecological surgeries involving uterine fibroids. They noted that an estimated 1 in every 350 women undergoing these surgeries may have undetected uterine cancer, which the device could spread. Last November, the FDA attached a “black box” warning to the device, which is the strongest warning possible before pulling the product completely from the market.

Congress’ letter additionally poignantly discusses studies which have been pointing to the fact that laparoscopic power morcellation during gynecological surgeries poses a serious problem for some time now. Congress asks the U.S. Government Accountability Office how the FDA, who initially stated that the risk of uncovering a hidden cancer with the device was as low as 1 in 10,000, got their facts so wrong. They hope that their letter will spur action and investigation from the G.A.O., and help to prevent power morcellation from potentially spreading uterine sarcomas in women.

Today, power morcellation lawsuits continue to be filed. Those specifically filed against Ethicon brand morcellators have been consolidated for form multidistrict litigation. As the litigation progresses, the attorneys at Tracey & Fox are working to ensure that anyone who has undergone a laparoscopic power morcellation procedure and who has subsequently been diagnosed with cancer has the opportunity to explore their full legal rights. These individuals and their families may be entitled to compensation. Tracey & Fox offers free legal consultations for those involved.

For additional information on the power morcellation litigation, or to ask questions, please contact Tracey & Fox by calling (713) 322-5375.

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Contact Tracey & Fox:

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

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