Democrat & Chronicle: Lawyers circle body-tissue case

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March 4, 2006 
Lawyers circle body-tissue case


At least one law firm seeks out, and finds, potential area clients


Gary Craig
Staff writer 
Three Rochester-area residents, concerned about implanted tissue or bone they 
received from a company at the epicenter of a criminal investigation, have 
contacted a law firm that may file suits over the escalating controversy. 
This week, the New York City law firm of Rubenstein & Rynecki ran ads in the 
area, seeking possible clients who "have undergone a bone, skin, or tissue 
transplant, or a spinal fusion since 1998." People who have had the implants 
"may have a legal claim for risk of infection or disease — including hepatitis, 
HIV, and other diseases," the ad in the Democrat and Chronicle stated. 
Law firm partner Sanford Rubenstein said three residents from the Rochester area 
contacted the law firm earlier this week.

The three were "notified (by their physicians) of the fact that the tissue they 
received, or the bones, were possibly tainted," Rubenstein said. 
Last week, a grand jury in Brooklyn indicted four men connected with the New 
Jersey-based Biomedical Tissue Services, which has been accused of falsifying 
records to get access to corpses for body part harvesting. 
In October, the U.S. Food and Drug Administration ordered the recall of all 
Biomedical material and urged that recipients of tissue, bone or veins harvested 
by Biomedical be tested for communicable disease. 
Prosecutors allege that Biomedical obtained bodies from funeral parlors in New 
York City, Rochester, New Jersey and Philadelphia.

Several lawyers in the Rochester area who handle medical malpractice cases say 
they have not yet heard of local circumstances that might give rise to lawsuits. 

New Jersey lawyer Patrick D'Arcy has filed two lawsuits connected with the case 
and said he may have as many as 40 clients from across the country. He is suing 
Biomedical and the indicted individuals, including company owner Michael 
Mastromarino. 
Some individuals who received implanted body parts from Biomedical surely have 
proof of emotional duress, D'Arcy said. Before the recall notice, the transplant 
recipients likely had few worries about their surgeries, D'Arcy said. 
"All of a sudden, the next thing you know ... you've got a bone in your neck 
that was handled by Mastromarino. The whole thing is creepy."

GCRAIG@DemocratandChronicle.com 




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