Tracey & Fox have reported that the first morcellator lawsuit, filed in the U.S. District Court for the Eastern District of Pennsylvania under case number 5:14-cv-1557, has settled prior to going to trial.
The power morcellator is a surgical tool which is often used in laparoscopic surgery. Doctors favor the power morcellator because it allows the surgeon to perform a minimally invasive surgery and gives the patient a shorter recovery time. The morcellator is inserted into the body through a tiny incision. Once inserted, the morcellator is used to shred the offending tissue into smaller pieces which can then be removed through the incision. In women, the morcellator is used for laparoscopic hysterectomies and myomectomies.
The majority of hysterectomies and myomectomies performed on women are the result of the presence of uterine fibroids. Uterine fibroids, also known as leiomyomas, can develop into large bulky masses which can cause expansion of the uterus resulting in pelvic pressure or pain. Generally uterine fibroids are thought to be benign, however, the U.S. Food and Drug Administration has indicated that research now shows 1 in 350 women undergoing a hysterectomy or myomectomy to treat uterine fibroids harbor an undiagnosed malignant form of cancer called leiomyosarcoma.
When a morcellator is used cells of the tissue being cut can disseminate throughout the abdomen. When used on a fibroid that contains leiomyosarcoma, the morcellator can also disseminate the cancerous cells. On April 17th, 2014, the FDA released a safety warning saying “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 likelihood of long-term survival.”
The first morcellator lawsuit named the defendant as LiNA Medical, a manufacturer of a power morcellator. The plaintiff is the surviving widower of a woman who has passed away after being diagnosed with leiomyosarcoma. The lawsuit alleged that the deceased had undergone testing to detect uterine cancer and the results showed no evidence of cancer. Despite this, she was diagnosed with leiomyosarcoma nine days after her laparoscopic hysterectomy. Her husband claims that neither of them were warned of the dangers of using the morcellator prior to his wife’s operation.
The case was scheduled to go to trial on November 3rd, 2015, however, the Wall Street Journal reported on July 2nd, 2015, that a settlement had been reached. The amount agreed upon in the settlement was not disclosed.
For more information regarding this press release, call Tracey & Fox at (713) 322-5375.
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Contact Tracey & Fox:
Sean Tracey
713-495-2333
440 Louisiana Street , Suite 1901 Houston, TX 77002
