May 30, 2014 — Several manufacturers of power morcellators are now facing lawsuits from women who allege that they were never warned that the devices can spread cancer if they are used in a hysterectomy or fibroid surgery.
Earlier this month, a lawsuit was filed by Peggy Padula of Florida. When she had a hysterectomy at the Cleveland Clinic in April 2013, a power morcellator was used to grind up painful fibroids on her uterus. After the procedure, doctors discovered that the device spread endometrial stroma sarcoma throughout her abdomen.
According to the complaint, she was never informed of the risk of cancer:
“The Defendants failed to adequately warn about the true risk of dissemination and fulmination of cancer from the use of the Storz Morcellator. Despite their knowledge of that true risk and of their own failure to adequately warn of it, they failed to make the instrument safe for its intended use, making it unsafe for that use.”
Controversy surrounding power morcellators has been growing for years. However, it was not until April that the U.S. Food and Drug Administration (FDA) published a Safety Communication advising against the procedure.
Before the FDA warning, some women had to do their own research to learn about the risk of cancer. One woman, Debra Grymkoski, says an article published by the Wall Street Journal may have saved her life. After reading about the controversy, she decided to talk to her doctor. Although he believed the risk was negligible, she told him not to use a power morcellator for her hysterectomy. Afterward, she was diagnosed with uterine sarcoma. Today, she is cancer-free and says she feels lucky.
Do I have a Power Morcellator Lawsuit?
The Schmidt Firm, PLLC is currently accepting power morcellator induced injury cases in all 50 states. If you or somebody you know has been injured by 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.
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