Jim Adler | The Tough, Smart Lawyer

Have you had a minimally invasive hysterectomy or fibroid surgery in which a power morcellator was used? If so, you may have been subjected to spreading of cancerous tissues by the defective medical device — and you may have a legal right to a morcellator lawsuit.

Johnson & Johnson, the leading manufacturer of the tool, which it’s sold since 1998, made a tacit admission of its defects by issuing a morcellator recall after the U.S. Food and Drug Administration (FDA) issued a safety warning about morcellators on April 17, 2014. (The FDA will make further evaluations of the defective device in July of 2014.)

But though the defective devices no are longer sold by Johnson & Johnson, the damage they’ve already done afflicts many American women — women who may need a morcellator lawyer or attorney to protect their legal rights.

This wouldn’t be necessary if Johnson & Johnson hadn’t subjected such women to a defective device used as an alternative to “C” sections in order to remove the uterus as well as fibroids which can cause bleeding, pain and additional complications.

Though fibroids normally are benign smooth muscle growths, some fibroids can be dangerous, and power morcellators may unleash them.

The tool is a sharp, tube-shaped, spinning blade regularly used in fibroid removal surgeries and robotic or laparoscopic hysterectomies. Such procedures are needed since some women develop uterine fibroids which can develop cancerous cells; the morcellator could shred such cells.

However, it’s been discovered that power morcellators used in such procedures can inadvertently disperse and spread such cancerous tissues beyond the uterus and into other parts of the abdominal area. Thus, a defective morcellator employed for such surgery could accidentally speed up the spreading of such cancerous cells by coming in contact with them.

The power morcellator’s spinning blades break tissue into tiny fragments which can be extracted by a tiny, minimally invasive incision. However, when the morcellator cuts and spins such tissue, some cells can spread throughout the abdomen — including cancerous cells.

The results can be deadly. In fact, a woman has a far lower chance of long-term cancer survival in such a case, particularly if she has had a history of uterine cancer, including uterine leiomyosarcoma.

As the FDA has warned, power morcellators can spread such concealed sarcomas as the deadly leiomyosarcoma, an especially aggressive form of cancer.

Victims have a legal right to a power morcellator lawsuit. That’s especially true if they’ve suffered cancer after uterine surgery with a power morcellator, or have had uterine or fibroid tissue seeded to other organs after such surgery, resulting in growths which require more costly surgery.

For example, a power morcellator can spread uterine and fibroid tissue which causes bowel obstruction or infections, thus necessitating still more costly surgery to remove such growths.

If you or a loved one had uterine fibroid surgery using a power morcellator, and after that had to have more surgery to remove fibroid or uterine tissue from the intestines, liver or other organs, or perhaps was diagnosed with uterine sarcoma, you have legal rights.

Such legal rights mean you can claim financial compensation for your losses due to the defective medical device by means of a morcellator lawsuit. Such a lawsuit can claim payments for medical expenses, lost wages and pain and suffering due to the device.

About half a million American women undergo hysterectomies each year. It’s believed that in more than a third of those procedures, fibroids are found. It takes surgery to locate them, since imaging can’t determine reliably if a mass is cancerous.

Though most fibroids aren’t cancerous, a 2012 study found that women receiving uterine surgery with a morcellator had a nine times higher rate than expected for suffering aggressive and deadly cancer leiomyosarcoma.

It’s no surprise then that the FDA discourages using laparoscopic power morcellation for hysterectomies for uterine fibroids.

Johnson & Johnson’s morcellators have been known by the name Diva and were provided through its Ethicon division. As many as 75 per cent of all morcellators are from this source. These products also have been sold under the names Morcellex Sigma, Gynecare Morcellex and Gynecare X-Tract.

Other morcellators have been sold by such companies as Olympus Corp., Richard Wolf GmbH and Karl Storz GmbH.

Meanwhile, the American College of Obstetricians and Gynecologists has indicated it will investigate laparoscopic power morcellators.

While such probes continue, American women are suffering as a result of this defective product — and those women have legal rights. Notify a morcellator lawsuit lawyer with our law firm for a free case review.

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