A federal judge has rejected a request by Pittsburgh, Pa plastic surgeon Dennis Hurwitz to dismiss a lawsuit filed by Rae Schiff in 2010 after a liposuction procedure.
According to the lawsuit, Hurwitz performed liposuction on Schiff’s stomach, thighs, arms, and hips, but failed to inform Schiff that a device used the procedure was part of a clinical trial for which Hurwitz was being paid.
The lawsuit says that Hurwitz used the Bodytite device, manufactured by Invasix. The device is on the market in Europe, Asia, and Canada, however it has yet to approved by the FDA for use in the United States. The suit alleges that for months after the procedure, Schiff was in excruciating pain as a result of thermal injury to her cells, nerves, tissue, and lymphatic system caused by the device. She also alleges that she was left with scar tissue and irregular scarring at the surgical site.
The lawsuit names the Hurwitz Center for Plastic Surgery, Invasix, and the Essex Institutional Review Board as defendants. The lawsuit accuses Hurwitz with failure to obtain informed consent, battery, and accuses the other defendants with infliction of emotional distress, negligence, and unfair trade practices.
The lawsuits seeks a jury trial and financial damages.