Tonya Mower v. Randolph Sherman
Published: Oct. 26, 2000 | Result Date: Sep. 25, 2000 |Case number: BC209877 Verdict – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
James J. Kjar
(Kjar, McKenna & Stockalper LLP)
Facts
The plaintiff initially had a bilateral breast augmentation in August 1994 by another plastic surgeon. In September 1994, the plaintiff had to undergo another bilateral breast augmentation due to complications arising from the initial surgery. Both procedures were done using inframmamary incisions. In May 1996, the plaintiff had to undergo a replacement of the right breast implant due to leakage of the implant. In January 1997, the plaintiff met with another plastic surgeon as a result of complaints of asymmetry of her breasts and dissatisfaction with the resulting scars from the prior surgeries. During this consultation, the plaintiff was noted to have a "double bubble effect" with respect to the left breast. On Feb. 4, 1997, the plaintiff initially met with defendant plastic surgeon, Dr. Randolph Sherman, regarding an evaluation of complaints arising from the prior breast augmentations, including firmness and pain, displacement of one of the implants and scarring associated with her breasts. Dr. Sherman indicated in his records that plaintiff suffered from Baker Class III contractures bilaterally with superior and lateral displacement of the breasts. Dr. Sherman recommended removing her implants and replacing them with smaller implants and a revision of the 4-inch inframmamary scars which were noted upon examination. During this visit, Dr. Sherman discussed with plaintiff some of potential risk and complications regarding the surgery. On May 5, 1997, Dr. Sherman performed a right and left breast capsulectomy and implant exchange which went without incident. Thereafter, the plaintiff was followed by Dr. Sherman. In March 1998, it was found that plaintiff had leakage of her left implant and on March 13, 1998, Dr. Sherman performed another bilateral capsulectomy and replaced both implants with saline filled implants. The plaintiff's last visit with Dr. Sherman was in June 1998.
Specials in Evidence
$6,000
Injuries
The plaintiff claimed unnecessary lengthening of her inframammary incisions and as a result, she suffers pain and discomfort along the scar site and continues to experience emotional pain and suffering due to her concern over the appearance of scars associated with her breasts.
Deliberation
one day
Length
five days
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