What Is A Morcellator?

A morcellator is a surgical instrument used to remove tissue from a patient's body during laparoscopic surgery. The instrument is inserted into the patient's body through a small incision. The device works by slicing (morcellating) tissue into small pieces so it can be extracted. Unfortunately, cutting up tissue into small pieces can spread disease such as undetected uterine cancer.

Why Are Morcellator Lawsuits Being Filed?

Morcellators are commonly used to perform gynecologic surgery such as hysterectomy. This poses a significant risk to patients who have small, undetected tumors in their uteruses. In many cases, uterine cancers can't be detected prior to surgery. According to the U.S. Food and Drug Administration (FDA), as many as 1 in every 350 women who undergo gynecologic surgery could have undetected uterine cancer.

When a power morcellator slices cancerous tumors into small pieces, it can spread diseased tissue to other parts of the body. Types of cancer that can be spread using a morcellator include:

  • Uterine cancer
  • Uterine sarcoma
  • Endometrial stromal sarcoma
  • Metastatic leiomyosarcoma

Filing a lawsuit can help you collect compensation that addresses the financial consequences of your injury. Depending upon your case, this could include cancer treatment, ongoing medical bills, lost wages, loss of income, pain and suffering or the hardships you have faced after losing a loved one because of a morcellator injury.

Learn more about morcellator complications.

Did The FDA Ban The Use Of Power Morcellators?

No. Despite evidence of their dangers, the FDA has chosen not to ban the use of morcellators entirely. It has said that in certain cases for individuals with particularly low cancer risk, a morcellator may be a viable surgical option. Critics of this policy, however, suggest that other noninvasive surgical methods could be used as a substitute.

Were Power Morcellators Tested For Safety Prior To Going To Market?

Power morcellators were approved for use by the FDA according to a 501(k) clearance process. This process approves devices according to similarities they share with other approved devices. In short, morcellators were therefore not subject to the same safety tests as other devices prior to going to market.

Are There Alternatives To A Power Morcellator?

Some surgeons are equipped to use an "in-bag" power morcellator. This tool encloses tissue in a bag before it is broken up. It is believed to be a safer alternative to open power morcellation. Still, fewer surgeons have experience with this method so it is less commonly used.

How Long Do I Have To File A Morcellator Lawsuit?

Product liability claims are typically subject to a two-year statute of limitations in Texas. This means you would have two years from the date of your injury onset to file a claim. The statute of limitations may vary depending upon your jurisdiction.

Contact Us

The attorneys at Reich & Binstock in Houston handle morcellator lawsuits in Texas and throughout the United States. If you or someone you love developed uterine cancer or other health problems after use of a power morcellator in a hysterectomy or other laparoscopic surgery, call us at 713-352-7883 or 877-643-3099 toll free to discuss your legal options. You can also write to us online.