Amanda Antell  |  July 30, 2014

Category: Legal News

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woman-hospitalizedThousands of women have joined a petition to ban surgeons from using Ethicon’s power morcellator, a medical device used in laparoscopic surgeries such as myomectomy, hysterectomy, oophorectomy, and salpingectomy. As the morcellation cancer lawsuits against Ethicon LLC and its parent company, Johnson & Johnson, continue to mount, this petition is another worry for the medical giant.

According to a report from CBS News in Boston, approximately 9,745 people have signed a Change.org petition, which is attempting to ban the use of power morcellators in gynecological surgeries.

The petition was started by a Massachusetts woman and her husband after she was diagnosed with stage four leiomyosarcoma, a rare and aggressive variety of uterine cancer.  The cancer was reportedly caused by a uterine fibroid removal procedure she underwent that used a power morcellator.  The couple told CBS that new signatures are added daily by different women and their loved ones who have suffered similar injuries.

Morcellation Cancer Woes

Morcellator devices are robotic surgical tools used for minimally-invasive surgical procedures such as those used to remove fibroids, the uterus, ovaries and fallopian tubes. The morcellator’s popularity is attributed to the fact that it is minimally invasive, and requires less hospital time.

The device works by cutting up tissue into smaller parts to insure easy removal through a small abdominal incision.  Medical experts believe that during the removal process, the cancerous sac is punctured and is allowed to spread through the body.  Uterine sarcomas are impossible to detect beforehand, so women often simply carry the risk during the surgery.

According to court documents, a number of morcellator cancer lawsuits are new pending in district courts all over the United States.  Each lawsuit represents a woman who allegedly started suffering from aggressive uterine cancer after using the surgical tool.

The most recent morcellator cancer lawsuit was filed by a woman in the district of Northern California on May 13, 2014, in which a woman alleges that after using a Wolf Power Morcellator she was diagnosed with uterine cancer (Case No. Case5:14-cv-02209-PSG).

Some healthcare professionals are reportedly excited for this petition to take place because they believe that adequate attention will be given to this issue.  It is the hope that this product will not be as aggressively advertised, and that better safety precautions will be adapted to prevent future occurrences of uterine cancer.

The FDA launched an official inquiry into power morcellation cancer concerns in December 2013, which urged doctors to not use this device for laparoscopic procedures.

The FDA estimates that one out of every 352 women that undergo a hysterectomy using a power morcellator are suspected to have uterine sarcoma, and about one out of every 498 women have leiomyosarcoma (LMS).  With such significant risks, medical experts have also argued that morcellators may offer more danger than safety, supporting the petition.

Updates on Morcellator Cancer Complications

The FDA met to discuss the progress of their morcellator cancer investigation on July 10.  Together with the Obstetrics and Gynecological Devices Panel, the agency discussed the cancer risk and recommendations for the pre-market testing, labeling, and risk mitigation of future morcellator devices.

Due to the severe criticism from the FDA and the public, Johnson & Johnson has announced that it is suspending sales of several of its morcellator devices until the FDA can provide proper guidance for the product’s safety.

Victims of these injuries are suing Johnson & Johnson and Ethicon on product liability charges. Specifically, these lawsuit contend there were no warnings or indications on the devices, and that the medical devices were not properly tested before being released to the market.

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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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