Barnett, Power Morcellator & Laparoscopic Surgery: A case filed in United States District Court, W.D. Wisconsin ruled on motions to dismiss.
The Barnett, Power Morcellator & Laparoscopic Surgery alleges injuries from the use of a power morcellator during laparoscopic surgery.
A brief summary of this case:
- Plaintiff Robyn L. Barnett asserts claim of negligence and strict liability, as well as claims under Wisconsin Deceptive Trade Practices Act, Wis. Stat. § 100.18 et seq., all arising out of defendants’ design, manufacture, labeling, marketing, distribution or sale of a Laparoscopic Power Morcellator, which was used on plaintiff during a surgical procedure on October 5, 2011.
The Court ruled: 1) defendant Karl Storz Endoscopy America, Inc.’s motion to dismiss (dkt. #5) is DENIED AS MOOT in light of plaintiff’s notice of voluntary dismissal;2) defendants Ethicon Endo Surgery, Inc., Ethicon Women’s Health and Urology, Ethicon, Inc., Johnson & Johnson, Johnson & Johnson Services, and Medtech Group, Inc.’s motion to dismiss (dkt. #20) is GRANTED. Plaintiff’s complaint is dismissed without prejudice;3) the claims against defendant HEI, Inc. are STAYED pending action by the bankruptcy court; and4) the clerk of court is directed to close this case.
For more on this case, please follow this link: Barnett and Power Morcellator.
UTERINE SURGERY — POWER MORCELLATORS — UTERINE CANCER — LEIOMYOSARCOMA
During the laparoscopic surgery (laparoscopic uterine surgery, e.g., hysterectomy, myomectomy, fibroids), a power morcellator may have been used to remove the symptom causing fibroids in the uterine area and other non-cancerous growths or tumors.
But, if a power morcellator has been used during a laparoscopic surgery (laparoscopic uterine surgery) and there are cancerous cells already present, the power morcellator may potentially exacerbate or help spread the cancerous cells, growth or tissue.
This unfettered spreading of the cancerous cells may lead to the development of cancer, particularly:
- uterine cancer (leiomyosarcoma (LMS), Uterine leiomyosarcoma (ULMS), endometrial cancer, sarcoma…).
- metastatic leiomyosarcoma
- uterine sarcoma
- endometrial stromal sarcoma
- the abnormal growth of tissue
- direct harm to healthy tissue
For more on power morcellators and cancer (uterine surgery (hysterectomy & myomectomy) uterine cancer, LMS), please follow this link: Power Morcellators.
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At the Gooch Law Firm, we pride ourselves on providing our clients reliable representation for even the most challenging cases.
If you have undergone surgery and developed cancer, and believe that the power morcellator was used during the surgical procedure, let our power morcellator lawyers investigate your claim to determine if you can file a power morcellator lawsuit. To talk to a power morcellator lawyer about a power morcellator lawsuit, please contact our office at 1.844.329.5955.
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