Ethicon, a subsidiary of Johnson & Johnson, has been sued by a married couple in Georgia. That couple alleges that using Ethicon’s Gynecare tissue morcellator during a hysterectomy led to the reoccurrence of cancer inside the patient’s body. This is a common claim that’s raised by plaintiffs who have sued manufacturers of power morcellators. The rise in number of these power morcellator lawsuits has led to a lot of responses, including the decision by companies to pull their power morcellators from the market altogether. The power morcellator used in this procedure was one that was ultimately recalled by the manufacturer.
The Facts of the Case
According to the complaint filed that initiated this power morcellator lawsuit, a link to which can be found here, the female plaintiff underwent a laparoscopic hysterectomy in January of 2011. The purpose of the procedure was to remove uterine fibroids. The plaintiff showed no signs of metastatic cancer after undergoing pre-surgery tests. The plaintiff was allegedly not warned about the risk of spreading cancer cells inside the body that has been linked to power morcellators.
During her surgery, a biopsy of the tissue inside the plaintiff’s body was taken. The results showed that the plaintiff did in fact have cancerous cells inside her body. After the surgery, the plaintiff underwent what she and her husband believed was successful cancer treatment. Unfortunately, in April of 2013 the plaintiff was diagnosed with a reoccurrence of the disease. The plaintiffs allege that this additional cancer diagnosis would not have occurred but for the use of the Gynecare tissue morcellator.
Legal Causes of Action
The plaintiffs stated several legal causes of action in their complaint, and they are as follows:
- Strict products liability – defective design
- Strict products liability – failure to warn
- Violation of Georgia Fair Business Practices Act
- Loss of consortium
- Punitive damages
Types of Recovery Sought
In addition to the seeking of punitive damages, the plaintiffs are seeking the following types of recovery from the defendants:
- Pain and suffering
- Medical costs
- Loss of earnings
- Loss of consortium
- Attorney’s fees
- Court costs
- Any other relief the court deems proper
When a plaintiff seeks punitive damages, it signifies that the plaintiff intends to try to prove that the defendant acted in some willful and/or malicious manner. Punitive damages are not awarded to help the plaintiff recover costs, but instead are awarded to ‘punish’ defendants for their conduct.
Power Morcellator Lawsuits and Your Legal Rights
A large number of power morcellator lawsuits have been filed around the United States, and most of them allege the same thing – that using these devices during hysterectomies led to the spread of cancer cells in the body. If you or someone you love has been harmed because of one of these devices, contact the power morcellator lawyers at Parilman & Associates today to schedule a free initial consultation. You can either email the firm or call 800-800-DRUG.