Case details

Passenger: Breast implant leakage caused by collision

SUMMARY

$44000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
breast implant, chest, damage
FACTS
On Aug. 13, 2010, at 11:30 a.m., plaintiff Maria Gonzalez was a passenger in a 1992 white Toyota Corolla, which was traveling on eastbound Mclellan Drive in South San Francisco, in Marin County, when her vehicle was struck by a 2008 Subaru Outback owned by Kevan Corbett and Jocelyn Maria Berke. Gonzalez claimed the impact caused to one of her breasts and one of her legs. Gonzalez sued Corbett and Berke for motor vehicle negligence. She claimed that the defendants were originally traveling in the adjacent lane and made a negligent right turn into her Toyota., Gonzalez, a breast cancer survivor, had implants in both breasts. However, she claimed the motor vehicle accident caused her seat belt to cut into one of her implants, causing it to rupture and begin to leak. She also claimed that one of her legs struck the dashboard, causing pain and swelling. Gonzalez claimed that as a result of the crash, she had to undergo surgery on her breast to remove the breast implant and tissue, and then insert a new implant. Defense counsel noted that Gonzalez had been to a Kaiser Permanente Medical Center a couple months after the subject accident, at which time no leak was detected. Some months later, Gonzalez went back to her surgeon in southern California, where it was discovered that the implant had lost 150 ccs of saline, deflating it from 850 ccs to 600 ccs. Upon discovering this, Gonzalez underwent the surgery to remove the implant and tissue, and have inserted a new implant. Defense counsel asserted that the low-impact collision did not cause Gonzalez’s breast implant to leak and that the reduction of the implant discovered by Gonzalez’s surgeon took place over a long period of time. Counsel noted that Gonzalez was involved in a second motor vehicle accident after the 2010 collision, but before her 2011 surgery, which also required her to be taken to a hospital. However, counsel contended there was no clear indication that the second accident caused any damage to Gonzalez’s breast either. In addition, defense counsel denied the 2010 accident caused Gonzalez’s alleged leg injury and noted that Gonzalez had a number of other prior breast surgeries. Plaintiff’s counsel countered that Gonzalez’s prior breast surgeries were due to radiation damage and the need to replace temporary expanders, as opposed to the subject rupture, which was induced by trauma.
COURT
Superior Court of San Francisco County, San Francisco, CA

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