More recently, a significant number of women and theirs families have brought lawsuits against various manufacturers after doctors used laparoscopic power morcellators during their hysterectomies. These individuals allege that these devices were responsible for spreading undiagnosed cancers and that they were not adequately warned about the potentially deadly risk.
Laparoscopic power morcellators have been used during hundreds, if not thousands, of minimally invasive laparoscopic surgeries. More specifically, the device functions by grinding up the uterus and uterine fibroids during hysterectomy and fibroid removal procedures. Unfortunately, during these procedures, the device has been connected to the spread of aggressive and previously undiagnosed uterine cancers. Many women, after undergoing such a procedure, soon find themselves diagnosed with late-stage cancers. Additionally, this means that such a diagnosis reduces long-term survival for many women.
The Food and Drug Administration has determined that power morcellators cannot be made safer. Johnson & Johnson, previously the largest manufacturer of morcellators, has pulled their version of the device from the market. Similarly, many hospitals are no longer using any iteration of the device in their hysterectomies. Currently, more than 20 lawsuits against the manufacturers of the device have been filed in 16 different federal courts and more than 300 are currently pending.
Legal Commentary
The complications caused by these devices have led to several cases where undiagnosed cancer was spread after a surgical procedure. According to the FDA, as many as 1 in 350 women is suspected of having undiagnosed uterine sarcoma that can be spread during morcellation. For patients, this can be a costly, painful and potentially deadly complication. From a civil standpoint, our firm has represented numerous families who are the victims of the complications from a variety of surgical tools, devices and products, including a power morcellator. If you or a loved one has experienced any of these problems because of a power morcellator, we encourage you to consult with one of our attorneys as soon as possible. A successful civil claim pursued against the responsible party will help compensate the victims for the costly medical expenses, and hopefully for their pain, suffering, and lost wages for time missed from work. Further questions can be directed to the Fears | Nachawati Law Firm by emailing Majed Nachawati at mn@fnlawfirm.com, or by calling our office at 1.866.705.7584.