Power Morcellator Manufacturers Face Uterine Fibroid Surgery Cancer Lawsuits

Power morcellator manufacturers Gyrus ACMI, Ethicon and Karl Storz were sued in two separate cases recently.  These power morcellator lawsuits allege that the use of these machines led to the spread of cancer inside the bodies of the plaintiffs.  One of the lawsuits is a wrongful death action, as the female in question in that matter lost her life to an aggressive form of cancer.  These uterine fibroid surgery cancer lawsuits join a growing number of claims that have been filed by women and/or their families across the United States against several different manufacturers.

One of the power morcellator lawsuits was filed in the Eastern District Court of California.  Gyrus ACMI was named as the defendant in this action.  A link to the complaint filed in connection with this case can be found here.  This action alleges that the plaintiff underwent a hysterectomy and that the surgery involved the use of the Gyrus Power Morcellator.  Prior to this surgery, the plaintiff was unaware that she had cancer.  More than a year after the procedure, she found out that she had seven cancerous masses in her abdomen.  She has undergone chemotherapy and continues to require close medical supervision and treatment.

The plaintiff and her husband state the following causes of action:

  1. Negligence
  2. Strict products liability
  3. Breach of express warranty
  4. Breach of implied warranty
  5. Fraudulent misrepresentation and omission
  6. Loss of services

 

The plaintiff in this matter is seeking several different forms of compensatory damages as well as punitive damages.

The second power morcellator cancer lawsuit was filed by the family of a woman who lost her life to cancer.  The lawsuit was originally filed in Maryland but has since been removed to federal court.  Ethicon and Karl Storz were named as defendants in this action.  A link to the complaint associated with the case can be found here.  The woman at the center of this case also underwent a hysterectomy and power morcellators manufactured by both defendants were used.  After the procedure, the woman developed an extremely aggressive form of uterine cancer and died.

The family of the woman states the following causes of action:

  1. Negligence
  2. Strict products liability
  3. Breach of express warranty
  4. Breach of implied warranties
  5. Fraudulent misrepresentation and omission
  6. Survival action
  7. Wrongful death

 

Like the first case above, the plaintiff seeks several different forms of compensatory damages as well as punitive damages from the defendants.

About Power Morcellators

Power morcellators are devices that are used in hysterectomies and in other procedures that remove uterine fibroids.  These devices are supposed to minimize the invasiveness of these surgeries, but unfortunately they have been alleged to have spread cancer cells to different parts of the body in some cases.  If you or someone you love has been harmed by this device, 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.