NEWARK, N.J. — A 43-year-old woman in New Jersey is suing her oncologist for malpractice because of his use of the power morcellator device during her hysterectomy.

Viviana Ruscitto went in for a standard hysterectomy procedure to remove a uterine fibroid in October of 2014. Her doctor used the power morcellator to perform the minimally invasive procedure. He did this in spite of the April 2014 FDA warning on the use of power morcellators and one of the largest manufacturers of the device pulling it off the market. Not only did her doctor use the device, but he did not perform a biopsy on her fibroid or discuss any risks.

Weeks later, Viviana was diagnosed with incurable Stage 4 leiomyosarcoma – one of the most dangerous forms of uterine sarcoma. And as of August of this year, she was on her deathbed because of the cancer riddling her body – cancer that spread to her other organs thanks to the use of the power morcellator.

The Power Morcellator

The laparoscopic power morcellator is a once-popular surgical device. it is used to remove uterine fibroids and perform hysterectomies in a minimally invasive fashion. It does so by slicing up the tissue into small pieces so that it may be drawn out through a small incision in the abdomen. The problem lies in the fact that cancer cells are nearly impossible to tell from uterine fibroid cells prior to surgery. It has been found that a very dangerous form of uterine sarcoma is frequently dormant and hiding around these fibroids. When the power morcellator chops up the fibroid, it sends the cancerous cells flying, thus giving them access to other parts of the body. This becomes exceedingly dangerous when dealing with aggressive cancers, such as leiomyosarcoma, because it will quickly spread to other organs.

Our Lawyers Can Help

Our dangerous device attorneys can help if you or someone you care about was harmed by morcellator surgery. Lawsuits have been filed against the device maker by both patients and their families seeking compensation for injuries caused by the dangerous device. You may be entitled to a settlement. We do not charge any legal fees unless you receive a settlement and we pay all of the case costs. If your claim is not successful for any reason, you do not owe us anything. We put it all in writing for you. Our morcellator cancer lawyers will help you file your lawsuit.

Our No Fee Promise on Morcellator Cases

You can afford to have our great team of lawyers on your side. When you choose us, it literally costs nothing to get started. We promise you in writing:

  • No money to get started
  • We pay all case costs and expenses
  • No legal fees whatsoever unless you receive a settlement
  • Phone calls are always free.

Start Your Morcellator Claim

Our morcellator lawyers will help you file your lawsuit. To get started, you can:

  1. Submit the Free Case Review Box on this page, or
  2. Call (866) 280-4722 any time of day to tell us about your case.

We will listen to your story and answer your questions. If you have claim, we will start immediately.

WARNING: There are strict time deadlines for filing morcellator lawsuit claims.