Barbara Anderman  |  August 29, 2014

Category: Legal News

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

power morcellatorEthicon, a subsidiary of Johnson & Johnson, issued a power morcellator recall last month with an announcement that the company is stepping out of the morcellation business. This decision was based on a variety of reasons, including concerns about the risk of uterine fibroid morcellators spreading cancer.

Ethicon held 70 percent of the market. Now two New York senators, Chuck Schumer and Kirsten Gillibrand, are asking the U.S. Food and Drug Administration (FDA) to push the other 30 percent of manufacturers to remove their products from the market. The plaintiffs in current power morcellation lawsuits agree with the request.

According to the Wall Street Journal, a letter the senators drafted to FDA Commissioner Margaret Hamburg calls for a nationwide power morcellator recall.

Used for a number of different gynecological surgical procedures, power morcellation cuts the tissue into small pieces that can be easily removed through a small incision, lessening scarring and speeding recovery time. Since its approval in 1993, the use of laparoscopic morcellation to treat uterine fibroids and perform hysterectomies has become  common. It’s also used for myomectomy (removal of fibroids), hysterectomy (removal of the uterus), oophorectomy (removal of the ovaries) and salpingectomy (removal of fallopian tubes). However, there is concern that morcellation can cause cancerous tissue to spread in women, specifically for leiomyosarcoma or other uterine cancers that may be hidden in the uterus.

Getting the Word Out About Morcellation Risks

Awareness of the risks behind morcellation has started to spread. At the end of 2013, two Boston doctors started drawing attention to the risk after one underwent a power morcellation-assisted hysterectomy. Post-operation, Dr. Amy Reed was diagnosed with a growing leiomyosarcoma. Never warned of the risks, Reed has set out to ensure it doesn’t happen to others. She and her husband started a petition calling for a ban on uterine fibroid morcellation on Change.org. To date they have collected more than 62,000 signatures.

In April, the FDA started down the same path, recommending that doctors stop using power morcellators for uterine fibroid removal. Many doctors and hospitals have agreed to the request. And the request continued up the food chain to insurance companies. Highmark Inc., a Pennsylvania health insurance company, recently announced it will no longer cover the costs of uterine fibroid removal procedures or laparoscopic hysterectomies that utilize a power morcellator.

Warn or Recall?

It is the lack of warnings of power morcellator risks that is behind many of the morcellation lawsuits in court today. Many victims say there were insufficient, or no, warnings about the risk of spreading uterine cancers like leiomyosarcoma and endometrial stromal during uterine fibroid removal or laparoscopic hysterectomy. Women, and families on their behalf, say they could have chosen one of the many other treatment options available and avoided the spread of cancer if they and the medical community had been informed about the dangers.

Two FDA advisory committees met to review the data surrounding morcellation and cancer risks. While not sure whether to recommend a recall or a black box label warning, they did agree that there seems to be no way to make morcellation safe for uterine fibroid removal.

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

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you. Hurry — statutes of limitations may apply.

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.


Get Help – It’s Free

Join a Free Morcellation Cancer Class Action Lawsuit Investigation

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.

An attorney will contact you if you qualify to discuss the details of your potential case at no charge to you.

Oops! We could not locate your form.

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.