Case details
Negligent filler injection caused facial deformity, actress claimed
SUMMARY
$1160000
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
disfigurement, face, nose, scar
FACTS
In July 2010, plaintiff Rita De Cassia De Souza Guedes, 38, an actress who starred in Brazilian soap operas, requested Botox treatments from Dr. Garo Kassabian, a plastic surgeon in Beverly Hills. Guedes claimed that instead of Botox, Kassabian suggested Radiesse, a dermal filler, which he injected into both sides of her face. Guedes claimed that Kassabian promised her the filler would provide her a more youthful look. In January 2011, Guedes had the procedure repeated by Kassabian, but she claimed her face became enlarged, swollen, uneven and disfigured. As a result, Kassabian later used a laser treatment in an attempt to melt the Radiesse, but Guedes claimed she suffered facial burns. Guedes sued Kassabian; his medical offices, Garo Kassabian M.D. Inc. and Lift MD Aesthetics. Guedes alleged that Kassabian failed to properly treat her and that his actions constituted medical malpractice. She also alleged that Garo Kassabian M.D. Inc. and Lift MD Aesthetics were liable for Kassabian’s actions. Kassabian and his law office, Garo Kassabian M.D. Inc. (which was doing business as Lift MD Aesthetics), brought a separate suit against Guedes, alleging contractual fraud. The matters were ultimately consolidated. Guedes’ counsel argued that Kassabian was negligent for the improper placement of the filler and for placing the filler into areas that were not consented to by Guedes. Counsel also argued that Guedes wasn’t told that Kassabian’s attempt with the laser wasn’t recommended by the manufacturer of Radiesse, or that Radiesse, unlike other filler materials, can’t be removed if mistakes are made. In addition, Guedes’ counsel argued Kassabian was negligent for causing laser burns beneath Guedes’ eyes. The plaintiff’s otolaryngology and plastic surgery expert testified that laser therapy will not lessen the effects of Radiesse. Kassabian claimed that the placement of the filler was proper and that he obtained the appropriate informed consent from Guedes. In addition, in regard to his contractual fraud action, Kassabian claimed that Guedes’ fee was refunded after she complained and that she signed a release form, waving her right to file claims against him. In response, Guedes claimed that she failed to understand what she was signing because she spoke and read mostly Portuguese, but not English, and that Kassabian had assured her that the form she was signing would merely act as a receipt for her returned money., Guedes claimed that it took two years of further treatments, a referral to a burn specialist, and medication to restore her appearance and absorb the filler from her face. She alleged that during that time, she lost job opportunities. A Brazilian independent film producer testified that Guedes hosted the Los Angeles Brazilian Film Festival Awards in 2010 and that the producer was prepared to have Guedes host it again in 2011, but that the swelling and reddening of Guedes’ face made that impossible. Thus, Guedes claimed that she suffered substantial financial loss. Specifically, she claimed that she lost a $1 million film contract due to her facial disfigurement. As a result, she sought recovery of past loss of movie earnings in excess of $1 million.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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