Posts Tagged lawsuit

Mob Wives Star Sued By Plastic Surgeon

A Manhattan plastic surgeon says “Mob Wives” reality star Renee Graziano is trying to whack his career. Levin said Monday that Graziano’s vendetta against his client included the filing of a false report with the state board that licenses doctors last March. He said she falsely claimed Klapper never informed her of the risks and says she lost six pints of blood and almost died during the procedure. It also says Graziano never paid the surgeon, even though she claimed in interviews that the procedure cost her $30,000.

Source: nydailynews.com/new-york/manhattan-plastic-surgeon-andrew-
klapper-hits-mob-wives-star-renee-graziano-a-77-million-defamation-
lawsuit-article-1.1140839

So Dr X here agrees to operate on reality star Renee Graziano who he claims bagged him on camera to promote herself and in the process damaged his reputation. Sounds plausible.

Then again in one of the interviews Graziano claimed that she received blood transfusions after her surgery which is very unusual for a cosmetic case. Anything said by a reality star is subject to question. These people are attention whores for a living, aren’t they? The article ends by stating the Dr Klapper is the defendant in another case involving a death after a tummy tuck in 2007, so who knows, maybe he is less than a great surgeon.

A Moral of this Story: Surgeons should consider carefully reality stars as patients and especially allowing them to film their procedures.

Also her surgeon didn’t get paid up front which is a rookie mistake. You can’t re-possess an operation.

Best Regards,

John Di Saia MD

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Kris Jenner Sues Over Facelift

…a new lawsuit has been filed by Jenner herself and it has to do with a face lift procedure she had done a while ago. According to Wetpaint Entertainment, the original report filed by TMZ discusses Jenner’s face lift and how it supposedly interfered with her ability to endorse the beauty product she had signed on to promote for the company. Well, she has filed a countersuit against the cosmetics company because she believes the company has breached the contract.
Source: celebs.gather.com/viewArticle.action?articleId=281474981315119

The last time we discussed this case, the entertainment company was suing Kris Jenner. Now she is suing them back.

Apparently the company concerned contracted with Jenner as a spokesperson for their cosmetic product. She turned around and shortly thereafter had a very public facelift. The company claims she has disparaged their product by having cosmetic surgery and then promptly sued her.

Mrs Jenner claims that the surgery only affected her neck and not her face. I could be a witness for the entertainment company here. :) A well-done facelift affects the neck and at least a small portion of the lower face just to properly redistribute the skin.

Well no one is asking. :)

Best Regards,

John Di Saia MD

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What is a Botched Boob Job?

A mother called the office today. Her daughter had breast implants placed by a surgeon in another state and the two ladies are not happy. They called for a second opinion.

It is dicey dealing with situation like this as a second opinion consultant. The first question is whether or not the first surgeon did anything wrong. A botched boob job is not any boob job that the patient or mother do not like. “Botched” indicates fault. Sometimes there is fault on the part of the surgeon and sometimes there is not. Sometimes patients ask for surgery on the cheap and decline breast lifting or other associated surgery that might have made things look better. Sometimes the patient choose a surgeon of limited skill or qualifications. Sometimes infection, cigarette smoking or scarring can distort an otherwise good procedure. It is not always clear.

The second question for a consultant is whether or not the patient wants him or her to fix things or just wants to return to the original surgeon. No smart consultant wants to end up embroiled in a patient’s lawsuit with the original doctor. It is a waste of time and time is money.

Best Regards,

John Di Saia MD

Originally posted 2011-05-11 07:30:37.

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Legal Foolishness- Sued for Not Telling You You Are Fat

The leader of the anti-obesity lawsuit movement is threatening physicians-in-training with lawsuits if they don’t warn obese patients about their excessive weight. George Washington University law professor John Banzhaf III, who has led efforts to sue fast-food chains for contributing to America’s extra weight, is scheduled to speak tomorrow morning at the annual convention for the American Medical Student Association.
Source: washingtontimes.com/business/20050317-102021-7358r.htm

A lawyer warns of obesity suits. He is telling medical students that they need to warn their patients of the risks of their obesity. Not long ago we spoke of a doctor being sued for the way he told a patient she was obese.

Is the bottom line no matter what you do, as a doctor you will be sued?

Maybe as a public service we need to write a legal disclaimer for doctor:

Dear potential patient,

At the advice of counsel, we have been urged to let you know that you are fat. Being fat can make you prematurely die. Please do not be offended in any way. This is a public service message.

I am glad that I am not an internist.

Best Regards,

John Di Saia MD

Originally posted 2005-10-09 20:10:00.

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Kris Jenner Sued For Getting Facelift

Kris Jenner says the cosmetics company she endorses has NO RIGHT to sue her for getting plastic surgery back in June … because the procedure didn’t affect her face … it just tightened up some loose neck skin. The company in question — called B&P — sued Jenner earlier this week, claiming she breached a contract to endorse a line of their anti-aging skin care products … when the famous mother publicly admitted to getting a facelift. By doing so, B&P alleges, Jenner violated her agreement not to harm the reputation of the company and the product she’s endorsing — an eye care line called “Beautiful Eyes in a Bag.”

Source: tmz.com/2011/08/05/kim-kardashian-kris-jenner-surgery-facelift
-b-and-p-lawsuit-sued-keeping-up-with-the-kardashians-skin-care-
anti-aging-contract-operation-beautiful-eyes-in-a-bag/

Kris Jenner is getting sued for having a facelift. Upon reading the story, I wondered: “Who is she suing?” – but a cosmetics company is suing her! They seem to think that she negatively affected their brand when she had cosmetic surgery and was very public about it.

News to the company – The Kardashians are very public about everything!

Is it disparaging to a cosmetic company if their spokes model has cosmetic surgery? Her argument that a facelift only affects the neck is silly. It usually affects the skin of the neck and the lower two thirds of the face at least to an extent. The eyes are in that zone.

Sorry Kris.

Best Regards,

John Di Saia MD

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Allergan Hit With $600 Million Settlement Over Botox

Allergan Inc. reached a $600 million settlement with the U.S. government to resolve criminal and civil allegations that the company actively promoted its top-selling product, the wrinkle-smoothing drug Botox, for unapproved medical uses. The Irvine, Calif., company agreed to plead guilty to one misdemeanor charge pegged to misbranding the drug between 2000 and 2005. Allergan also settled civil claims linked to three whistleblower lawsuits, but denied liability with regard to the civil claims. The company will take a $610 million to $615 million pretax charge in the third quarter.

Source: http://online.wsj.com/article/SB10001424052748703882304575465371767239834.html

Allergan and many other drug companies promote their drugs for non FDA approved uses. Maybe Allergan was more aggressive about it. Off label use is pretty typical for botulinum toxins and most of these are pretty safe. The law doesn’t always make much sense.

Best Regards,

John Di Saia MD

Originally posted 2010-09-08 07:30:23.

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Liposuction Death and 20 Million Dollar Suit

An appeals court has affirmed a jury’s award of more than $20 million to the family of 18-year-old Amy Fledderman, the Pennsylvania State University freshman from Delaware County who died as a result of a liposuction operation in 2001. Fledderman, of Newtown Square, died on May 25, 2001, two days after she suffered complications during surgery at Glunk’s office to remove fat from her stomach and chin. The appeals court ruled that the jury had been correct in awarding $2 million in damages to Fledderman’s mother, Colleen, for the emotional distress of standing by helpless as Glunk refused to send her daughter to a hospital over a period of 2 1/2 hours. The court also agreed that evidence that Glunk’s facility had not been properly licensed had been properly introduced.
Source:philly.com/inquirer/local/20101114_Pennsylvania_Superior_Court_backs__
20_million_award_in_liposuction_lawsuit.html

These types of cases are tragic and unfortunately are subject to mis-characterization by those with agendas. A death from liposuction is rare but not rare enough. I am serving as an expert witness in a such a case before the Medical Board in California in the coming weeks.

It sounds like a delay in care was the problem here. A secondary question might be why an eighteen year old was having liposuction in the first place. We don’t have enough details to probe further.

Best Regards,

John Di Saia MD

Originally posted 2010-11-19 11:00:47.

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Reader Laura on Dr Alinsod Sued For Branding Uterus

Reader Laura’s Comment:
“A California Gynecologist has been sued after branding a uterus during removal. The Dr has said that he meant it as a friendly gesture. The patient stated in the lawsuit that she somehow was burned on her legs during her surgery and the subsequent branding. It also states on his website that he also does vaginal rejuvenation, hymen repair, and laser resurfacing. I’m not sure where laser resurfacing would fit into a gynecologist’s practice or why a gynecologist would even have the type of laser used for resurfacing.”

In a Superior Court lawsuit filed earlier this month, Ingrid Paulicivic, a 47-year-old hairdresser, charges that Dr. Red Alinsod used an “electrocautery device to carve and burn” the word “Ingrid” on her uterus, which was removed during a June 2009 operation at his Orange County office. Paulicivic alleges that the branding was done for “no medically necessary purpose or reason” and that she somehow suffered burns on her legs while the uterus was being marked, according to her complaint.

Source: thesmokinggun.com/documents/bizarre/doctor-branded-womans-uterus-after-surgery

This case is unusual which is why of course it will get attention. It is not standard to “brand” an organ. Then again Dr Alinsod might have been kidding around or just labeling the organ in a way he felt was appropriate. While this might seem unprofessional, it is not negligence.

The issue of the burn on the patient’s leg might potentially be a point of negligence although accidental burns can occur as well. Another issue might be why the doctor took so many pictures. I only take a few in a case as I am busy operating.

Many gynecologists delve into cosmetic surgery such as laser resurfacing. They do vary regarding how good they are at it however.

Best Regards,

John Di Saia MD

Originally posted 2010-09-14 07:30:35.

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Plastic Surgeon Threatened for Questioning Rodial Breast Cream

A prominent British plastic surgeon has been threatened with a libel action by the manufacturer of a cosmetic cream because she publicly questioned, in a newspaper article, whether it worked as the company claimed.

Rodial Limited claims that its £125 Boob Job cream can increase a woman’s breast size, if applied regularly, by up to 8.4%. According to the company’s website, Boob Job works “with your natural fat cells. As the fat cells move around the body after eating, boob job ‘blocks’ the fat into the area where the product has been applied, so the bust and décolleté areas. You will see a gradual increase in cup size within 56 days as well as gaining an instant lifting and firming effect.”

Dalia Nield of The London Clinic was quoted in the Daily Mail as saying it was “highly unlikely” that the Boob Job cream could do what it claimed. She said that the company had not provided details of the tests carried out on the cream and that if its claims on moving fat cells were true, then the product could be dangerous.
Source: guardian.co.uk/science/2010/nov/11/cosmetic-surgeon-boob-job-cream

I agree that there is no good evidence that these creams do much of anything. Now these jerks can threaten me too. Even if they did 8.4% of nothing is pretty much…well nothing.

Best Regards,

John Di Saia MD

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Inland Empire California Plastic Surgery Lawsuit

Three patients have sued an Inland plastic surgeon accused of dishonesty, unprofessional conduct and negligence by the state medical board. The lawsuits, filed in Riverside County and San Bernardino County superior courts, state surgeries that Dr. Borko Djordjevic performed in 2006 left patients permanently disfigured. The lawsuits accuse Djordjevic of negligence, battery and fraud. Two of the surgeries were performed after the Medical Board of California filed its accusation against Djordjevic on July 21, 2006. “This guy’s trouble,” said Upland attorney Brian Brandt, who filed lawsuits against Djordjevic and the now-defunct Beverly Hills Surgical Institute in Upland on behalf of patients Gina M. Chaney, of Rancho Cucamonga, and Patricia Gross, of Claremont, in San Bernardino County. “And he’s out there still operating.”
Source: www.pe.com/localnews/sbcounty/stories/PE_News_Local_D_doctor19.3e50679.html

Sometimes it amazes me how little patients look into a prospective plastic surgeon. Doctors get sued even when nothing wrong was done, but three lawsuits at one time is concerning. At the California Medical Board Web site (as of 8/2010,) his license is listed as canceled. They must have found something big.

Best Regards,

John Di Saia MD

P.S. I am not sure this is the same doctor but a Dr Borko Djordjevic lost his license in New Jersey for seven years according to this document. Could this be the same man?

Originally posted 2007-08-03 20:34:00.

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