Oregon woman sues over hysterectomy, double mastectomy 

A 36-year-old woman is suing her healthcare providers, claiming that both of her breasts and her uterus, ovaries and fallopian tubes were removed unnecessarily.

Elisha Cooke-Moore, from Oregon, has a family history of breast cancer and decided with her doctors to undergo genetic testing.

Her lawsuit for $1.8 million, filed on Thursday, claims that her doctors recommended she go forward with a hysterectomy and double mastectomy based on their misinterpretations of her blood work.

It was only after both operations had been done that Cooke-Moore looked through her own medical charts and saw that her tests had been negative for the genetic indicators of cancers, according to report by the Oregonian.

Elisha Cooke-Moore, 36, filed a medical malpractice suit on Thursday against her doctors who, she claims, performed an unnecessary preventative hysterectomy and double mastectomy on her after wrongly interpreting the results of her genetic tests for risk factors of cancers

Cooke-Moore, a mother-of-two in Gold Beach, Oregon, alleges that she was left with a botched breast reconstruction that has required numerous follow-up surgeries to repair in addition to coping with forced early menopause. 

Elisha Cooke-Moore’s mother and grandmother both had breast cancer, so she thought she was taking a proactive approach to her own health by undergoing genetic testing to find out if she had inherited a higher risk of cancer.

After consulting her gynecologist in 2015, she got tested for BRCA1 – the so-called ‘Jolie gene’ that led Angelina Jolie to undergo a preventative double mastectomy and hysterectomy – BRCA2, and MLH1. 

Lori Johns, a nurse, told her she carried mutations of the genes that put her at higher risk for cancers. Johns passed that information along to the doctor she referred Cooke-Moore. 

What is a hysterectomy 

A hysterectomy is a surgical procedure to remove a woman’s uterus. 

The operation is most commonly performed on women between the ages of 40 and 49. 

More than 20 million American women have had a hysterectomy, according to data from the Centers for Disease Control and Prevention.   

As women approach menopause, the odds that they will develop one of several serious uterine health conditions increases. Doctors may recommend a hysterectomy as a treatment for: 

  • fibroids
  • endometriosis
  • uterine (endometrial) cancer 
  • chronic uterine pain or bleeding 
  • collapsed uterus 

In some cases, doctors may suggest a hysterectomy as a preventative measure if a woman has significant warning or early signs of developing one or more of these conditions. 

When necessary, surgeons may also remove the ovaries and fallopian tubes, if these have also been damaged or are at serious risk of damage. 

The removal of reproductive organs sends a woman’s body into menopause, no matter how old she is. 

This comes with unpleasant side effects like hot flashes, and many women have to start hormone therapy, taking estrogen to balance out their own hormones.  

The second doctor reiterated those results and told Cooke-Moore she was at high risk for breast and uterine cancer, the lawsuit claims.

He recommended that she let him perform a hysterectomy to remove her uterus, and sent her to another doctor to have a double mastectomy as well in order to prevent cancers from developing.

In 2016, after she’d had both procedures and a reconstruction, Cooke-Moore claims she discovered that she did not in fact have any of the dangerous gene mutations. 

BRCA1 and BRCA2 are known, inherited gene mutations associated with elevated risks of cancer. 

Recent studies indicate that between 55 and 65 percent of women with the BRCA1 gene and about 45 percent of women with the BRCA2 mutation will develop breast cancer by the time they are 70, according to the National Cancer Institute. 

The MLH1 genetic mutation has received less publicity than the BRCA genes. Its presence in a woman’s DNA indicates Lynch syndrome, which puts women at greater risk for developing other cancers, including colorectal and uterine cancers. 

The lawsuit Cooke-Moore filed states that MLH1 is not associated with breast cancer, though research on the gene has mixed findings. 

Cancer.org lists breast cancer as one of those associated with the gene. Some studies have found that it is not significantly connected, others have reported the MLH1 mutation puts women at a ‘moderately’ elevated risk of breast cancer.

According to the lawsuit Cooke-Moore received clean mammogram results but was told she was positive for the MLH1 gene mutation. 

Lori Johns referred her to Dr William Fitts, for additional breast cancer screening.   

It is unclear how Johns, and later Fitts, misinterpreted her results.

Angelina Jolie tested positive for the BRCA1 gene and opted to have a preventative double mastectomy and hysterectomy in 2013, inspiring many women to have their DNA tested and consider the same procedures

Angelina Jolie tested positive for the BRCA1 gene and opted to have a preventative double mastectomy and hysterectomy in 2013, inspiring many women to have their DNA tested and consider the same procedures

‘Quite frankly, we are stumped to why they would make this mistake,’ Cooke-Moore’s lawyer, Christopher Cauble, told the Oregonian. 

According to the lawsuit, Dr Fitts told Cooke-Moore that ‘her lifetime risk of breast cancer is at least 50 percent, ball bearing cancer 60-70 percent, and endometrial cancer may be as high as 80 percent.’

Her tests for the BRCA1 and BRCA2 genes both came back negative too, in February 2016.

Still, Dr Fitts and nurse Johns continued to plan a course of treatment as though Cooke-Moore’s tests indicated she was at high risk for both breast and uterine cancer, the suit claims.

A total hysterectomy is a surgical procedure to remove a woman’s uterus, and, if necessary, the ovaries and fallopian tubes. 

It is a fairly common treatment for a number of health conditions, including fibroids – non-cancerous growths that women sometimes develop – and endometriosis.

The procedure is becoming slightly more common among younger women as a preventative measure against cancer, but women in the US are most likely to undergo hysterectomies between ages 40 and 49, in the years leading up to menopause.

The operation itself triggers menopause, and after having it done, many women have to start hormone replacement therapy.

Double mastectomy  

A double mastectomy is the surgical removal of all of the tissue from both breasts. 

The procedure is a treatment for breast cancer when doctor’s determine that partial removal of breast tissue (a lumpectomy) will not be sufficient prevent the cancer from spreading. 

About one third of women who have cancer in only one breast choose to have the other breast removed as well. 

Many women choose to have reconstructive surgery at the same time that they have a double mastectomy. 

After a double mastectomy, hospital stays are usually shorter than three days, though sometimes a little longer if a woman has reconstructive surgery at the same time. 

After going home, women will have surgical drains for one to two weeks. 

Full recovery typically takes a few weeks. 

Single or double mastectomies can lead to lymphedema, a painful swelling of the lymph nodes under the arm. Gentle arm exercises are the best way to prevent lymphedema. 

In August 2016, when Dr Fitts allegedly performed her hysterectomy, Cooke-Moore was 35 with plenty of time before she would have naturally entered menopause.

In October 2016, Dr Jessica Carlson performed a double mastectomy on Cooke-Moore, removing all of the tissue from both of her breasts and placing implants, according to the lawsuit. 

Mastectomies are primarily a form of treatment for women with breast cancers that their doctors judge cannot be kept from spreading by removing just the tumor. Double mastectomies surgically remove all of the tissue of both breasts.

A double mastectomy is a relatively safe procedure, but it is still invasive, requires anesthesia, and comes with risks of infection, long-lasting swelling of the lymph nodes in the arms, numbness, stiffing and, of course, scarring.

In Cooke-Moore’s case, there was no cancer to remove, she claims. She believed that she was joining the small but rapidly growing ranks of women who have both breasts removed to prevent breast cancer from developing.

Prophylactic, or preventative, mastectomies and hysterectomies are becoming slightly more common, especially after Angelina Jolie, who is positive for the BRCA1 gene mutation, announced in 2013 that she had had both procedures done. 

Unlike Jolie, Cooke-Moore claims that her genetic test results did not show that she had inherited gene mutations that would put her at an elevated risk for breast or uterine cancer. 

‘As a woman, they took what God gave me. I don’t even feel like I am one at times,’ Cooke-Moore told the Oregonian.

Furthermore, the double mastectomy was supposed to save her nipples for reconstruction, but in a picture of her bare chest after her breasts were removed and replaced with implants, her nipples are barely visible on her scarred ‘reconstructed’ breasts.  

Now, Cooke-Moore is suing her doctors for medical malpractice and $1.8 million in personal damages, the maximum amount she can under Oregon tort law.

Daily Mail Online reached out to the parties involved in the lawsuit, but did not receive responses.

Read more at DailyMail.co.uk