The woman, 43 year-old mother Viviana Ruscitto, had a hysterectomy in October 2013 to remove a large fibroid. A morcellator was used to shred tissues in her uterus. Unfortunately, it may have spread tiny pieces of cancerous tissue that grew into numerous tumors.
Just weeks after the operation, Ruscitto was diagnosed with stage-4 leiomyosarcoma, an extremely aggressive form of uterine cancer. She has stopped treatment and is now receiving palliative care.
She accuses her doctors and The Valley Hospital in Ridgewood, New Jersey of malpractice for using the morcellator despite warnings from the FDA six months earlier.
Her lawsuit is the third filed in New Jersey federal court. Nearly two dozen more are pending around the nation. Hundreds or even thousands of women who were diagnosed with cancer after hysterectomies may be eligible to join the rapidly-growing litigation.
In April 2014, the FDA warned that one in 350 women who undergoes a hysterectomy actually has undiagnosed uterine cancer, and one in 500 has leiomyosarcoma. If a morcellator is used, it can “seed” tumors on the intestines, abdominal wall, or the bloodstream — turning a treatable stage-1 cancer into a death sentence in minutes.
Do I have a Morcellator Lawsuit?
The Schmidt Firm, PLLC is currently accepting morcellator induced injury cases in all 50 states. If you or somebody you know was diagnosed with cancer, you should contact our lawyers immediately for a free case consultation. Please use the form below to contact our Defective Medical Device Litigation Group or call toll free 24 hours a day at (866) 920-0753.
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