Tracey & Fox has reported that a lawsuit, filed in the United States District Court Eastern Distract of California under case number 2:14-cv-02375-GEB-DAD, is another in a rapidly growing number of lawsuits alleging the use of a morcellator causes the spread of uterine cancer.
In this case, the plaintiff had a surgical procedure known as a hysterectomy performed. During that surgery, her doctors used a surgical instrument, specifically the bipolar morcellator, whose manufacturer was Gyrus ACMI. Prior to her surgery, the plaintiff was not aware that she had a form of uterine cancer contained within fibroids in the uterus. A little more than a year after her hysterectomy, the plaintiff was informed that she had seven cancerous masses in her abdomen. She then underwent a rigorous chemotherapy regimen and continues to be checked for new growths.
The complaint alleges that the use of the power morcellator during her surgery caused the dissemination of cancer cells throughout the abdominal cavity, resulting in metastatic growths in multiple locations. It also states that the defendant, Gyrus ACMI did not adequately warn the plaintiff of the risks associated with using their product prior to her surgery.
On April 17th, 2014, the U.S. Food and Drug Administration released a safety communication regarding the use of morcellators to the public. The communication states that “If laparoscopic power morcellation is performed in women with unsuspected uterine sarcoma, there is a risk that the procedure will spread the cancerous tissue within the abdomen and pelvis, significantly worsening the patient’s long-term survival.”
There are four types of uterine cancer. Leiomyosarcoma, Endometrial Stromal Sarcoma, Undifferentiated Endometrial Sarcoma, and Carcinosarcoma. Often these cancers are found within uterine fibroids. Uterine fibroids can be found in anywhere from 20% to 80% of women per The Office of Women’s Health. While the majority of fibroids are benign, the fibroids can mask the presence of a more serious disease as the presenting clinical signs and symptoms can be similar to those of cancer.
Recently, the first morcellator lawsuit settled for an undisclosed amount.
For more information regarding this press release contact Tracey & Fox at (713) 322-5420.
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Contact Tracey & Fox:
Sean Tracey
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