Tracey & Fox recently reported that Johnson & Johnson has had another lawsuit filed against it’s subdivision, Ethicon. Ethicon Endosurgery, Inc is the company that is responsible for designing, researching, manufacturing, testing, promoting, and selling several power morcellators, including the Gynecare Morcellex Tissue Morcellator, Morcellex Sigma Tissue Morcellator System, and the Gynecare X-tract Tissue Morcellator.
These morcellators are surgical tools which are used in laparoscopic surgeries. During the laparoscopic procedures, the morcellator is inserted into the abdominal cavity via small incisions. Once it has been inserted, the morcellator is used to slice up tissue that is intended for removal so that small pieces can be taken out through the incision.
Since the power morcellator was first approved for use by the U.S. Food and Drug Administration in 1991, it has been used in countless gynecological surgeries. Most often, the morcellator is used during hysterectomies and myomectomies where uterine fibroids are present.
In 2014, a study, the “Uterine Pathology in Women Undergoing Minimally Invasive Hysterectomy Using Morcellation” was released. In the study, it was noted that 1 out of 370 women has some form of uterine cancer. This is dangerous for women whose surgeons use a morcellator because as the morcellator shreds the tissue, it is suspected that it spreads cells throughout other areas of the abdominal cavity, including malignant cancer cells.
On April 7th, 2015, a new lawsuit was filed against Ethicon, in the United States District Court Northern District of Georgia Atlanta Division under case number 1:15-cv-01046-ODE. The plaintiff, a women residing in Sandy Springs, Georgia, underwent a total laparoscopic hysterectomy at Piedmont Hospital in Atlanta, Georgia, on January 20th, 2011. The plaintiff’s surgeon used a Gynecare Tissue Morcellator. Prior to her surgery, the plaintiff underwent testing which showed no evidence of metastatic cancer. Biopsies taken during the surgery revealed the presence of malignant uterine cancer - both endometrial stromal sarcoma and leiomyosarcoma. She was treated and believed herself to be cancer free.
On April 10th, 2013, the plaintiff presented to the hospital for evaluation of an abdominal wall mass. Biopsies of that mass, as well as a surgical debulking, were performed and it was determined that she had a recurrence of metastatic endometrial sarcoma.
The lawsuit alleges that because of the use of the power morcellator, the malignant cancer cells were spread throughout the abdominal cavity resulting in the abdominal wall mass which involves the pelvis and left anterior abdominal wall through the peritoneum.
In July 2015, one of the first morcellator lawsuits filed settled for an undisclosed amount.
For more information about this press release contact Tracey & Fox at (713) 322-5420.
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Sean Tracey
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