April 29, 2015 — A woman who was diagnosed with uterine cancer after undergoing a hysterectomy using a Gynecare X-tract Tissue Morcellator has filed a lawsuit in federal court in Georgia.
The lawsuit (PDF) was filed against Johnson & Johnson and its Ethicon subsidiary in the U.S. District Court for the Northern District of Georgia on April 7.
The plaintiff, 86 year-old Eva Galambos, is a former mayor of Sandy Springs, Georgia. In January 2011, she had a hysterectomy for the treatment of uterine fibroids. She says she was never informed that the use of a power morcellator could potentially spread and upstage undiagnosed cancer.
Tissue samples taken during the hysterectomy were found to contain cancerous cells. Galambos was diagnosed with endometrial stromal sarcoma and leoimyosarcoma, for which she underwent treatment.
In April 2013, Galambos was diagnosed with recurrent cancer in her pelvis and abdomen. According to her lawsuit:
“Had the Laparoscopic Power Morcellator used on Plaintiff not disseminated fulminated cancerous cells and tissue, she would not have suffered and been diagnosed with a recurrence of her endometrial stromal sarcoma.”
Last summer, Johnson & Johnson voluntarily pulled all morcellator products off the market, including the Gynecare X-tract Tissue Morcellator. At the time, the company had a 75% market share for the devices.
The FDA has not recalled power morcellators, but they did warn that 1 in 350 women who undergoes a hysterectomy for fibroids actually has undiagnosed uterine cancer. When the morcellator’s spinning blades slice up tissue, they can leave behind malignant cells that spread throughout a woman’s body and greatly worsen her prognosis.
Do I have a Morcellator Lawsuit?
The Schmidt Firm, PLLC is currently accepting morcellator induced injury cases in all 50 states. If you or somebody you know has been diagnosed with uterine cancer, you should contact our lawyers immediately for a free case consultation. Please use the form below to contact our Defective Medical Device Litigation Group or call toll free 24 hours a day at (866) 920-0753.
Attention Lawyers: We consider a referral from another law firm to be one of the greatest compliments. If your firm is interested in referring us a case or for us to send you a list of previous award judgments and/or average referral fees, please visit the Lawyer Referral section of our website.