Case details

Infection and delayed healing known risk of procedure: doctor

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
breast, chest, disfigurement, scar
FACTS
On Jan. 6, 2010, plaintiff Donna Arevalo, 47, a marketing director, presented to Dr. Eugene Wu, a plastic surgeon, for consultation about having a mastopexy and abdominoplasty procedure. Arevalo claimed that during her first and second consultations, she was urged by Wu to undergo a breast augmentation as well. She also produced cancelled checks made payable to Wu’s assistant for $1,500, evidencing sums she loaned to pay for the additional cost of implants. On April 9, 2010, Arevalo underwent a bilateral mastopexy and augmentation, as well as an abdominoplasty, which were all performed by Wu. Arevalo claimed the abdominoplasty was to her satisfaction, but that at the first postoperative visit, the inverted T wounds from the mastopexy on both breasts showed signs of epidermolysis, a condition in which the epidermis is loosely attached to the dermis so that it could become detached or cause blisters. She also claimed that the wound on the right breast healed must faster than her left, which took eight months to fully heal. Arevalo sued Wu. She alleged that Wu failed to obtain her informed consent and failed to properly perform the procedures, and that these failures constituted medical malpractice. Arevalo claimed that if Wu had advised her that there was an increased risk of vascular compromise by combining a mastopexy and augmentation, she would not have consented to the surgery. Thus, plaintiffs’ counsel argued that Wu failed to obtain proper informed consent for the bilateral mastopexy and augmentation procedure and that the procedure was negligently performed, causing Arevalo to sustain personal . The plaintiffs’ expert plastic surgeon opined that given the extensiveness of the wounds on the left breast, there must have been some negligent compromise of vascular flow to the left breast intraoperatively, as these types of wounds would not occur in the absence of negligence. The expert further opined that Wu’s conduct fell below the standard of care as far as obtaining the patient’s informed consent. Wu claimed that he obtained the appropriate informed consent prior to performing the bilateral mastopexy and augmentation procedure, and that his conduct was within the standard of care. He also denied any negligent act or omission in the performance of the procedure, and denied that there was any negligent act or omission on his part that was a substantial factor in causing Arevalo’s . The defense’s expert plastic surgeon opined that the bilateral mastopexy and augmentation procedure was appropriately performed, and that delayed wound healing and wound separation can, and in this case did, occur in the absence of any negligence. The expert further opined that Wu’s postoperative care and treatment was within the standard of care., Arevalo developed a pseudomonas aeruginosa infection, a necrotic condition, on her left breast and 20 days after the mastopexy and augmentation procedure, the wound around the nipple-areola complex separated. Her husband took 96 photographs of the necrotic wound over the course of several months. Arevalo ultimately underwent a debridement of the wound on June 18, 2010, at Kaiser and followed up at the Kaiser Wound Care Clinic until December 2010, when the wound fully healed. Arevalo sought recovery of $5,035 in past economic damages and $31,146 in future economic damages for the reconstruction of her left breast and lost earnings. She also sought recovery of $388,000 in damages for her past and future pain and suffering. Her husband, Danny, presented a derivative claim, seeking recovery of $135,000 for his loss of consortium. Defense counsel argued that the postoperative complication of wound dehiscence and delayed wound healing was exacerbated by a secondary of infection, all of which were known risks of the procedure and occurred in the absence of negligence.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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