Morcellator Lawsuit: Leiomyosarcoma Wrongful Death

The use of a power laparoscopic morcellator for hysterectomies and uterine fibroid removal (myomectomy) has been associated with the spread of cancer, including leiomyosarcomas. A morcellator is a surgical device that minces uterine fibroids and the uterus and then sucks the tissue up a tube. The problem is that this process has the potential of spraying tissue throughout the abdomen and pelvic areas. If this tissue contains cancer cells, the cancer may spread all over the abdomen, making the cancer stage 4 when it may have been stage 1 prior to morcellation.

Doctors have known that there are a certain number of women who have undiagnosed cancer prior to hysterectomy and uterine fibroid removal. The doctors and the makers of the morcellators have known that the power laproscopic morcellators spray tissue.  It is obvious, even to someone without a medical degree, that spraying tissue throughout the abdomen that might be cancerous could spread undiagnosed cancer. Yet, the device was used for 20 years before the FDA issued a Safety Communication earlier this year discouraging the use of laparoscopic power morcellation during hysterectomy or myomectomy for the treatment of women with uterine fibroids.

Note the manufacturers of the power laparoscopic morcellators did not recall the products, nor did the FDA urge a recall, at least not publicly. One company, Johnson & Johnson, “withdrew” their morcellators from the market, falling short of issuing a recall.

How is the Cancer Undetected Prior to Hysterectomy and Myomectomy?

The cancer is undetected prior to hysterectomy and fibroid removal because the fibroids and uterus are not biopsied prior to the procedure with the morcellator. To determine if a grown on the uterus is a fibroid or a leiomyosarcoma (uterine cancer), an ultrasound is used. It is not always possible to detect from the ultrasound images that there is leiomyosarcoma.

How Can Women Protect Themselves?

The FDA estimates that 1 in 350 women undergoing hysterectomy or myomectomy for the treatment of fibroids is found to have an unsuspected uterine sarcoma, a type of uterine cancer that includes leiomyosarcoma. Although there is the risk of having undetected cancer spread, some doctors are still using power laparoscopic morcellation for hysterectomies and to remove uterine fibroids.

Women, you have to ask your doctor if he or she will be using a morcellator. If so, you need to know that there are viable alternatives that are not associated with the spread of cancer:

  • Ask your doctor the options available to treat your condition and  the risks and benefits of each.
  • If your doctor recommends power morcellation, ask your doctor why he or she believes power morcellation is the best treatment option for you.

You can call 1-888-377-8900 to contact our law firm for your free consultation. If your wife, daughter or mother died from cancer after having a hysterectomy or fibroid removal, you may have a wrongful death claim.

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Category: Product Liability
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