Posts Tagged ‘law suit’

Plastic Surgeon Sues Yelpers?

August 18th, 2010


Kimberly Henry is suing reviewers on Yelp and DoctorScorecard after some grisly anonymous reviews of botched plastic surgery procedures. Another business owner is angry at online reviews posted to Yelp, and is taking them to court. Dr. Kimberly Henry, MD, who has a plastic surgery practice based in Marin County, is seeking $2 million or more in damages for libel and defamation against 12 posters of online reviews, most of whom are anonymous.

Source: www.nbcbayarea.com/news/tech/Marin-Plastic-Surgeon-Sues-Online-Reviewers-jw-98138864.html

Yelp is like other online review sites in which reviewers are allowed to say pretty much anything and are not identified. My only gripe with Yelp is that some of my reviewers have been filtered. I guess it is better than being bagged by the reviews. My Yelp impression is pretty good so far.

The plastic surgeon in this story is on the receiving end of not-so-great reviews. I am not sure she will win in court though. Our court system is such a die roll.

Best Regards,

John Di Saia MD

Share on Facebook

I Need To Take Some Vioxx – $253 Million!

August 13th, 2010

OK Opinion Time

For God’s sake, soon there will be no drugs in this country! A brain dead Texas jury awarded $253 Million to a widow after her husband died supposedly related to Vioxx. Watch the lawyer feeding frenzy begin….

There is no rhyme or reason to jury awards in this country. I would love to see the accounting that resulted in such a ridiculous figure. It will supposedly be knocked down because of limitations upon punitive awards in Texas (to 26.1 Million). This is still too much! We need tort reform…..

Then again maybe I just need to take some Vioxx and my family can cash in!

OK, I am disgusted!

Best Regards,

John Di Saia MD

Originally posted 2005-08-19 18:37:00.

Share on Facebook

Breasts Too Small Lawsuit?

June 25th, 2010

Daily Record Story – link expired and removed

A case in New Jersey claims a plastic surgeon made a patient’s breasts too small in breast reduction “like a mastectomy.” I do not know many of the details here, but apparently the patient had wound complications. This could be a major contributing factor to a poor aesthetic outcome.

Then again Dr Richard Marfuggi has had two large malpractice settlements in the last year for $195,000 and $350,000. Just check the New Jersey Medical Board’s web site physician search.

There is no information as to whether she smoked or not.

Best Regards,

John Di Saia MD

Originally posted 2006-05-20 09:56:00.

Share on Facebook

Reader Laura on Botox Causes Botulism Law Suit

June 3rd, 2010

Reader Laura’s Comment:
“Is this even possible? If so, how do you think she caught botulism?”


An Oklahoma jury Tuesday reached a $15 million negligent-damage verdict against the maker of Botox in the case of a 47-year-old woman who suffered years of pain after getting the wrinkle-smoothing injections.

The suit was filed against Irvine-based Allergan by Dr. Sharla Helton, an obstetrician and gynecologist in Oklahoma who fell ill and eventually lost her job after getting the injections in 2006.

OC Register

I doubt she developed Botulism. She may have had an unusual reaction to the protein. Botulinum toxin is a protein and people do develop antibody reactions to foreign proteins. Saying Botox caused pain is a real stretch. I have never seen this before.

Take into account that jury trials are crap shoots. The jury is usually made up of people who often have a hard time sorting out the truth instead reacting compassionately to a plaintiff in ruin.

Best Regards,

John Di Saia MD

Share on Facebook

Doctor Sues Allergan Over Botox

April 21st, 2010

The latest suit was filed by Dr. Sharla Helton, 47, an obstetrician and gynecologist in Oklahoma who fell ill and eventually lost her job after getting Botox injections in 2006 to smooth her wrinkles.

She blames Botox for weakness, shortness of breath, double vision, and years of continual pains in her arms, hands, and feet that began after her Botox shots.

OC Register Blog

It seems like there is a line to sue Allergan, the maker of Botox. This OB/GYN has developed some kind of neuromuscular disease and of course is blaming it on Botox. Allergan has lots of money and these suits will will likely continue.

Free Botox Defense: How many professional women of this age have not tried Botox? Where is the epidemic?

Best Regards,

John Di Saia MD

Share on Facebook

Reader Laura on Wrong Breast Implant Lawsuit

April 19th, 2010

Reader Laura’s Comment:

An Ohio woman says her plastic surgeon gave her the wrong breast implants. She requested silicone and the Dr’s office only had saline. The patient also claims that she was kept under longer than she should have been while the Dr convinced her fiancee to agree to the change.

NY Daily News

I don’t know about this one. The fact that the woman is asking for $300,000 dollars “to have the surgery corrected and for physical and emotional discomfort” leads me to believe that this is a nuisance suit. An implant exchange is not a big operation usually. Did she pay for silicone or saline implants?

Best Regards,

John Di Saia MD

Share on Facebook

Staten Island Mother Sues Plastic surgeon (with Reader Laura Comment)

March 24th, 2010

Maria Alaimo, a woman in Staten Island, is suing her plastic surgeon (for 5 million dollars!) for what she is calling a botched boob job:

NY Daily News

From the information provided it is hard to tell if this is an unfortunate complication, a misunderstanding or if something was done incorrectly. Looking Doctor Keith Berman up at the ABMS, he is a board certified plastic surgeon. We do not know what she looked like before or after surgery.

Laura adds:

The other part of the story is that she picked her doctor from a review website. What are your thoughts in these doctor review websites? Is there another way you would recommend a lay person get information on their potential surgeons?

Sites referring patients to surgeons are difficult to evaluate as some of them take money from the surgeon to do so. In this case according to the story the service was paid $500 for the referral. (Was the referral a vote of confidence or a simple purchase?) I always recommend that patients screen their prospective surgeons on the internet and have a portion of my web site that explains how that can be done.

Best Regards,

John Di Saia MD

Related:

Online Basic Surgeon Evaluation

Share on Facebook

Tracy Plastic Surgeon Sexual Battery Case

February 25th, 2010


A civil case filed by 37 patients of a Tracy plastic surgeon accused of sexual battery involving dozens of women has been settled in San Joaquin County Superior Court for $1.8 million.

Record Net

When I read things like this I think: “Another reason for my malpractice insurance premium to rise.”

Risk as such is pooled by specialty by insurance companies and the way this story reads, this guy was a plastic surgeon. Why all in plastic surgery should be held accountable in any way for the acts of this crazy man is beyond me.

Best Regards,

John Di Saia MD

Share on Facebook

Indiana Pizza Shop Forced To Pay For Weight Loss Surgery

September 11th, 2009

Aol

Some Indiana Pizza Shop was nice enough to hire an obese employee who subsequently got hurt at work.


An Indiana court has ruled that a pizza shop must pay for a 340-pound employee’s weight-loss surgery to ensure the success of another operation for a back injury he suffered at work

How likely do you think it is that employers in that area will hire obese people in the future? Our legal system needs some serious surgery of its own.

Wanna place any bets that the court later rules that the employer should pay for a tummy tuck after the weight loss?

Best Regards,

John Di Saia MD

Share on Facebook

Maxim Model Sues Plastic Surgeon

January 28th, 2009

TMZ

Hot Maxim cover girl Monica Hansen is suing a plastic surgeon for using pictures of her to advertise on his website. According to the lawsuit, Hansen claims her doc, Dr. Leonard M. Hochstein, splashed pictures of her all across his website without her permission.

- Come on Lenny, you know you have to get permission if she is recognizable.

Update 1/28/09 – Dr. Hochstein called to clarify the story:

He stated that he feels blindsided by this legal action having known Ms Hansen for many years. He always obtains permission from his patients before their images appear on his site and did so on multiple occasions in this case. Ms Hansen even approved which images could be used before they were placed, according to the doctor.

Looks like he is OK on this one.

Best Regards,

John Di Saia MD

Share on Facebook
Improve the web with Nofollow Reciprocity.