Power morcellator manufacturers and practitioners performing hysterectomies and other uterine procedures with the devices have come under fire following the discovery of a strong link between power morcellation and the spread of cancerous tissue to the uterus. The son of a woman who died from uterine cancer not long after undergoing a procedure which implemented the use of a power morcellator is seeking damages from multiple parties he alleges failed to warning his mother of the risks associated with the elective procedure and that had she underwent a more traditional procedure, she would still be alive today.
The lawsuit was filed on April 10, 2015 and is being heard by the United States District Court for the District of South Carolina.
Storz Morcellator Cited as Responsible for Spread of Cancer
The plaintiff’s mother was advised to undergo a laparoscopic procedure to remove uterine fibroids and was diagnosed with adenosarcoma and sarcomatous overgrowth less than a week after the procedure. It is alleged that the Storz power morcellator used during her surgery disseminated cancerous tissue and spread it into her abdomen; she died of her ensuing condition on April 13, 2012.
The plaintiff is seeking damages from Karl Storz Endoscopy-America, Inc., Karl Storz Endovision, Inc., and Karl Storz GMBH & Co. KG for wrongful death, misconduct and the failure of the device manufacturer to provide adequate warnings about the risks of power morcellation procedures.
Procedures Initially Marketed as Less Invasive Alternative
Power morcellation procedures similar to the one that the plaintiff’s mother underwent have been marketed as a less invasive and safer alternative to more traditional surgery. Laparoscopic procedures have the benefit of quicker recovery periods so that patients are able to return home and get back to their lives sooner but they often come with risks that patients are never informed about.
This particular lawsuit is one in an exhaustive list that are expected to come as the major manufacturers of power morcellators have begun to recall the devices and remove them from the market.
Major insurance carriers have also made pointed responses of their own— several companies have announced that they will no longer cover the procedures and others are expected to follow suit. The FDA has gotten involved as well, issuing an advisory notice against morcellation procedures for women unless there is absolutely no other viable alternative.
The largest manufacturer of power morcellators, Ethicon, is expected to become the subject of a growing mass tort as more victims and their families begin to come forward.
If you or a loved one underwent a surgical procedure involving the use of a power morcellation device and later received a diagnosis of uterine cancer, you may be entitled to compensation. This compensation may be in the form of the cost of cancer treatments and other medical care, wrongful death in the event your loved one has passed since her diagnosis, loss of income, pain and suffering and punitive damages to make the statement to the manufacturers of these devices that the safety of patients must always come before profits and the bottom line.
Rosenfeld Injury Lawyers LLC are a leading and reputable team of lawyers who represent people from all walks of life who have been injured due to greed, carelessness or reckless behavior and we would be happy to assist you in your time of need.
Contact us today to schedule a free consultation with one of our attorneys to learn more about pending litigation and how it may impact your case, to discuss your own legal options and rights and to begin the process of gathering information which we can use to conduct a thorough investigation into your case so that we can give you the best advice possible on how to move forward. Unless we are able to secure compensation on your behalf, all of these services will come at no cost to you at all.