N.J. High Court Nixes Punitive Damages Claims in Power Morcellator Action

TRENTON, N.J. – The New Jersey Supreme Court has ruled that the plaintiffs in a power morcellator action cannot recover punitive damages against healthcare providers, ruling there is no evidence they “wantonly and willfully” ignored the risk of cancer communicated by the Food and Drug Administration.

In an Aug. 25 order, the court found that after learning of the risk, defendants took proactive steps to respond to the FDA’s communication, and while they may have performed negligently, there is no evidence they acted with an “evil mind.”

Viviana Ruscitto underwent a laparoscopic hysterectomy at Valley Hospital Inc. in New Jersey, …