Power Morcellator Lawsuit: NY Legal Guide

Power morcellator lawsuits are product liability claims filed by patients whose undetected uterine cancer was spread throughout the abdomen when a surgical morcellator device shredded tissue during a hysterectomy or myomectomy. The FDA warned in 2014 that morcellators pose a risk of upstaging occult uterine sarcoma or leiomyosarcoma. In New York, injured patients can pursue claims against device manufacturers for failing to adequately warn surgeons and patients of this risk.

You may be eligible to file a claim in NY if you underwent a laparoscopic hysterectomy or myomectomy using a power morcellator and were subsequently diagnosed with uterine cancer—particularly uterine sarcoma or leiomyosarcoma—after the procedure. Surviving spouses and family members may also bring a wrongful death claim if a loved one died as a result of cancer spread caused by morcellation. An attorney can evaluate whether the facts of your case support a viable product liability or failure-to-warn claim.

In New York, personal injury claims—including product liability claims arising from power morcellator use—are generally subject to a 3-year statute of limitations under CPLR §214. The clock typically starts running from the date of injury or, in some cases, the date the injury was discovered or reasonably should have been discovered. Because cancer diagnoses following surgery can be delayed by months or years, it is critical to consult a NY attorney as soon as possible to determine when your specific limitations period began.

NY plaintiffs in a successful morcellator case may recover compensation for medical expenses (including cancer treatment, surgery, and ongoing care), lost wages and loss of future earning capacity, pain and suffering, and loss of consortium. Wrongful death claims may also include funeral expenses and the economic support the deceased would have provided. No outcome is guaranteed—recoverable damages depend on the specific facts, evidence, and circumstances of each case.