Alleged Cancer Spread by Morcellator Leads to Filing of Laparoscopic Supracervical Hysterectomy Lawsuit

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A Michigan woman has filed a power morcellator cancer lawsuit against Karl Storz, Inc.  The woman alleges that the use of the defendant’s product caused the spread of cancer in her body.  She claims that she now suffers from stage 4 bone cancer and stage 4 breast cancer.  The product in question is the Storz Rotocut G1 power morcellator.  According to court documents, the plaintiff underwent a laparoscopic supracervical hysterectomy and bilateral salpingectomy for uterine fibroids in 2011.  Three years later, the woman’s cancer was diagnosed.  Generally speaking, patients who fight multiple types of stage 4 cancers face difficult roads towards and long odds of recovery.

This power morcellator cancer lawsuit was filed in federal court in Michigan earlier this year.  A link to a copy of the complaint that initiated the lawsuit can be found here.  In general, the plaintiff claims that the defendant failed to adequately warn the public about the potential risks associated with using power morcellators during these procedures.  She further claims that the use of the Storz Rotocut G1 power morcellator caused her to contract these advanced forms of cancer.

Specifically, the plaintiff lays out several different causes of action in her complaint, including:

  1. Negligence
  2. Design defect
  3. Manufacturing defect
  4. Failure to warn
  5. Strict liability
  6. Breach of implied warranty
  7. Breach of express warranty
  8. Negligent misrepresentation
  9. Fraudulent misrepresentation and omission

These are relatively common causes of action in products liability lawsuits filed by consumers against manufacturers.  In essence, these causes of action are alleging that the defendant did not meet the reasonable standard of care, that it did not properly design or manufacture the power morcellator, that it knew or should have known about these problems and that it did not disclose these problems to the public.

As such, the plaintiff is seeking several different forms of recovery from Karl Storz, Inc.  These different forms include:

  1. Pain and suffering
  2. Medical expenses
  3. Hospital expenses
  4. Lost income
  5. Permanent disability
  6. Other forms of loss proven in court

These are known as compensatory damages, meaning that they are recovered by plaintiffs who prove these specific forms of loss.  The plaintiff in this power morcellator cancer lawsuit is also seeking punitive damages from the defendant.  Punitive damages are generally sought when a plaintiff believes that a defendant acted intentionally such that the plaintiff was harmed.  In some cases, punitive damages will be awarded when a defendant may not have acted intentionally but did act in a reckless manner.  Punitive damages are awarded as a matter of public policy in order to serve as punishment for defendants.

Power Morcellator Cancer Lawsuits and Your Legal Rights

If you or someone you love has been harmed as a result of using this medical device during a procedure, you need to take immediate action to protect your legal rights.  Contact the power morcellator cancer lawyers at Parilman & Associates today to schedule a free initial consultation.  You can either email the firm or call 800-800-DRUG.