Viviana D. Ruscitto passed away on September 3, 2015 after a struggle with cancer that was suspected to have been spread following surgery using a power morcellator. Ms. Ruscitto was only 43 years old. Patients like Ms. Ruscitto are fatally harmed by the power morcellator, when previously undiagnosed and contained cancer is spread throughout the abdomen. The dangerous device cuts and shreds tissue during hysterectomies so that it can be removed through a tiny opening during minimally invasive surgeries. Ms. Ruscitto was diagnosed with Stage 4 leiomyosarcoma, and she did not survive.
The Food and Drug Administration determined that power morcellators cannot be made safer. Johnson & Johnson, previously the largest manufacturer of morcellators, has pulled their version of the device from the market. Many hospitals are no longer using the device in hysterectomies. Currently, more than 20 lawsuits against the manufacturers of the device have been filed in 16 different federal courts. Additionally, more than 300 cases against the manufacturers of power morcellators are currently pending.
Legal Commentary
Previously undiagnosed cancer or malignancies can spread after surgical procedures using power morcellators. According to the FDA, as many as 1 in 350 women could have undiagnosed uterine sarcoma that can be spread during morcellation. For patients, this can be a costly, painful and potentially deadly complication. Our firm represents families who are the victims of the complications from a variety of surgical tools, including the power morcellator. If you or a loved one has experienced any of these problems following surgery involving the use of the power morcellator, we encourage you to consult with one of our attorneys as soon as possible. A successful civil claim will help compensate the victims for the costly medical expenses, their pain, suffering, and lost wages for time missed from work. Further questions can be directed to the Fears | Nachawati Law Firm through our website at cases.fnlawfirm.com/morcellation, by emailing Majed Nachawati at mn@fnlawfirm.com, or by calling our office at +1.866.485.6886.