Florida Power Morcellator Lawsuit

Power morcellators are tools that have been used by doctors on women for hysterectomies and other gynecological surgeries. Several models have been recalled because of a growing suspicion that some of these tools could spread cancer cells in women. This makes the tool unsafe and can cause health issues that are even potentially fatal in women. Certain power morcellators may have caused a rise in leiomyosarcoma, an aggressive cancer that can often be fatal.

Three of the devices in particular being singled out for these lawsuits are the Gynecare X-Tract Tissue Morcellator, Morcellex Sigma Tissue Morcellator System, and the Gynecare Morcellex Tissue Morcellator by Ethicon. Anyone who has had a procedure with these morcellators needs to get tested for cancer. This not only goes for leiomyosarcoma but for any other cancer that might have been found in that region of the body.

The FDA Warning

Plenty of claims can be made about a court case, particularly when complex medical tools or treatments are involved. One part of this case that really sticks out about the power morcellator lawsuits is the release of a major FDA warning. Issued in April of 2014, the FDA’s warning states that 1 in 350 women were at risk of cancer as a result of this device’s use. The recommendation was strongly in favor of discontinuing the use of these and going to other methods that have not shown the same danger level.

Women with uterine cancer were singled out as a group that shouldn’t have these tools used on them in any situation. The fear of spreading cancer cells throughout that region of the body is a major concern. The statement also strongly encouraged doctors to use more open communication with patients on what the potential risks were or what other options they might have.

Pending Suits and Cases

There are multiple lawsuits and cases being brought up from women who believe they were harmed because of the use of this tool. More lawsuits are also being brought up by families of women who have passed away due to cancer possibly related to the use of power morcellators.

Some of the charges in these various cases include:

  • Negligence
  • Failure to warn
  • Failure to test
  • Failure to recall
  • Misrepresentation of risks and more.

How these cases will actually turn out in court has yet to be determined. The fact that the FDA choose to release a letter to healthcare providers shows there was a strong level of concern to spread the warning. This potential harm to the public’s general safety is enough of a red flag that it will get a lot of attention in these cases moving forward.

If you or a family member had a treatment involving a power morcellator and have seen any side effects, it might be time to get an experienced attorney to help go over your options with you.

In Conclusion

When it comes to power morcellators, there’s been plenty of warning about potential dangers. Enough questions still remain about whether proper precautions were taken to cause many individuals to take legal action. In these situations it’s always critical to have an experienced attorney who understands enough about medical negligence lawsuits to be able to walk you through your potential options.

While no attorney can ever make an iron-clad guarantee on how a specific case will end up or what the final results of a lawsuit will be, having capable and experienced legal representation is the best way to tip the scales of justice into your favor.

Sources:

FDA: “Laparoscopic Uterine Power Morcellation in Hysterectomy and Myomectomy: FDA Safety Communication”

http://www.FDA.gov/MedicalDevices/Safety/AlertsandNotices/ucm393576.htm