Barbara Anderman  |  June 3, 2014

Category: Legal News

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uterine myomectomy cancer

Power morcellators are medical devices used in recent years in a number of different uterine fibroid surgical procedures. Since the first devices used in the procedures were approved in 1993, the use of laparoscopic morcellation (cutting the tissue into small pieces that can be easily removed via a port incision) to treat uterine fibroids and perform hysterectomies has become increasingly common. However, a concern has arisen that laparoscopic power morcellation in these procedures may cause aggressive cancers to spread in women.

It’s estimated that 50,000 women annually have morcellator laparoscopic hysterectomies. Available data shows that one in 350 women undergoing this procedure, or myomectomy (uterine fibroid removal), have uterine sarcoma, a type of uterine cancer. The issue, however, is that there is no reliable method for forecasting whether a woman with uterine fibroids has a uterine sarcoma. For this reason, the U.S. Food and Drug Administration is warning doctors and women to avoid laparoscopic power morcellators, especially women with suspected or known uterine cancer who are considering surgical removal of fibroids .

This possible spread of cancer has led to a number of lawsuits filed against morcellator manufacturers. The most recent morcellator lawsuit was filed by plaintiff Peggy Paduda in Florida against Karl Storz Endoscopy-America. According to the claim, on April 8, 2013, Paduda underwent a laparoscopic supra-cervical hysterectomy. A laparoscopic hysterectomy is a less invasive procedure designed to allow surgeons to remove the uterus through a small incision in the abdomen. This is supposed to reduce recovery time. According to the morcellator lawsuit, a Storz Rotocut Morcellator was used to “cut, shred and remove one or more uterine fibroids from her uterus during the surgery.”

The procedure was successful, but the results were not. “Prior to the hysterectomy, Paduda indicates that there was no evidence she suffered endometrial stromal sarcoma, which is a rare type of uterine cancer. However, it was later discovered that use of the morcellator upstaged an endometrial stroma sarcoma that was within her uterus, spreading the cancer throughout her abdominal cavity, shortening her life-expectancy and reducing her quality of life.”

Paduda’s morcellator lawsuit was filed only a few weeks after the FDA issued its warning about power morcellators. According to Paduda, Karl Storz Endoscopy-America had insufficient, or no, warnings about the risk of morcellation spreading uterine cancers like leiomyosarcoma and endometrial stromal during a laparoscopic hysterectomy or fibroid removal. She is seeking both compensatory and punitive damages from Storz for negligence, strict product liability, breach of warranty, and fraudulent misrepresentation and omission.

Following the FDA warnings issued on April 17, many hospitals have indicated that they will no longer be performing laparoscopic hysterectomy or uterine fibroid removal surgery with morcellators.

In general, morcellator cancer lawsuits are filed individually by each plaintiff and are not class actions.

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If you or a loved one were diagnosed with cancer in the uterus, pelvis or abdomen within two years of undergoing surgery for a myomectomy (removal of fibroids), hysterectomy (removal of the uterus), oophorectomy (removal of the ovaries), or salpingectomy (removal of fallopian tubes), you may have a legal claim. See if you qualify by filling out the short form below.

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