New Michigan Morcellator Lawsuit Alleges Morcellator Spread Cancer To Breasts and Bones

August 26, 2015 – – Tracey & Fox have reported that a new morcellator lawsuit has been filed in Michigan. The lawsuit, filed in the United States District Court for the Eastern District of Michigan under case number 2:15-cv-10352-TGB-APP, names the defendant as KS Endoscopy, the manufacturer of the Rotocut GI power morcellator.

The lawsuit alleges that despite KS Endoscopy receiving clearance by the FDA on July 27th, 2006 for the Rotocut GI Electromechanical Morcellator, the company should have known about the risks associated with using the morcellator during gynecological surgeries, “including subsequent development of cancer outside the uterus.” Furthermore, KS Endoscopy failed to warn the plaintiff that use of a surgical tissue bag could have prevented the spread of malignant cancer to other parts of the body.

On June 14th, 2011, the plaintiff, a Michigan woman, underwent two surgical procedures. These surgical procedures are known as the laparoscopic supracervical hysterectomy and bilateral salpingectomy, both used to remove uterine fibroids. At that time it was not suspected that the plaintiff suffered from uterine cancer. The surgeon used the Rotocut GI power morcellator to cut and shred the fibroids and uterus, in order to remove the tissue in pieces through a tiny incision.

On July 17th, 2014, the plaintiff was admitted to the hospital for an unrelated medical condition, and at that time it was discovered that she had Stage 4 breast and bone cancer, which is believed to have metastasized from uterine cancer. The lawsuit alleges that “As a result of the use of the GI power morcellator, Plaintiff developed Stage 4 bone and breast cancer and has had to undergo extensive and intensive therapies for the treatment and management of her advanced-stage cancer.” The plaintiff is also noted to have a shortened life expectancy.

Power morcellators have been used in countless laparoscopic surgeries, often opted for because it allows the surgeon to perform a minimally invasive procedure, and allows the patient to recover quickly. While the U.S. Food and Drug Administration initially approved the use of the power morcellator in women having uterine fibroids removed, it later issued a warning on April 17th, 2014 saying that “If laparoscopic power morcellation is performed in women with unsuspected uterine sarcoma, there is a risk the procedure will spread the cancerous tissue within the abdomen and pelvis, significantly worsening the patient’s likelihood of long-term survival.”

Since early 2014, the number of morcellator lawsuits filed has climbed at a steady pace.

For more information about this press release contact Tracey & Fox at (713) 322-5420.

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Sean Tracey
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