Sherilyn Nord v. Gary Tearston
Published: Dec. 13, 2001 | Result Date: Oct. 12, 2001 | Filing Date: Jan. 1, 1900 |Case number: BC184239 Verdict – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Jeremy I. Lessem
(Lessem, Newstat & Tooson, LLP)
Defendant
Robert C. Reback
(Reback, McAndrews & Blessey LLP)
Experts
Plaintiff
James T. Long
(medical)
William Canada
(medical)
Defendant
David J. Paster
(medical)
Harvey Zarem
(medical)
Facts
The plaintiff had a lengthy history of various plastic surgery procedures including rhinoplasty, chin implant and
bilateral scars when she presented to the defendant in April, 1995 to seek an evaluation for abdominoplasty.
On April 20, the plaintiff discussed with the defendant the risks and complications of liposuction,
abdominoplasty and thigh lift and the plaintiff scheduled one-year later the first of two procedures.
On May 16, 1996, she returned to further discuss with the defendant the procedure and the scars from her prior
breast reduction. The plaintiff underwent the abdominoplasty and liposuction procedure and this went without
complication. During her post-operative visits, further procedures were discussed with the defendant and
surgery was scheduled for July 26, 1996 including liposuction of the patientÆs flanks, thighs, back and upper
abdomen.
Surgery was completed by Aug. 21, 1996 at which time the defendant performed a medial thigh lift and
liposuction of the back, waistline, abdomen and flanks with no apparent complications. Prior to surgery, the
defendant discussed the risks of scarring with the plaintiff and the need for prolonged post-operative care.
The plaintiff continued to receive post-operative follow-up care from the plaintiff through November, 1996 and
the defendant appeared happy with the results, although there was some scarring which was treated with
injections. By March 1997, the patientÆs scars were observed to be large and keloid forming and in April,
1997, the patient underwent further breast reduction and a lateral and medial thigh lift along with buttock
liposuction. This surgery was scheduled for June 18, 1997.
The defendant referred the plaintiff to another surgeon for the reduction surgery. The
plaintiff last consulted with the defendant on May 22, 1997 at which time she expressed concern
about her scarring and refused further cortisone.
Settlement Discussions
None.
Specials in Evidence
$15,000 $0 $0 $20,000
Damages
The plaintiff claimed damages for her pain, suffering, future psychiatric treatment and possible future reparative surgery to lessen the appearance of the scars.
Injuries
The plaintiff contended there was scarring on her back and that she had suffered also from resultant psychiatric injuries.
Deliberation
three hours
Poll
12-0
Length
six days
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