Case details

Sidewalk fall caused breast implants to rupture: plaintiff

SUMMARY

$84924.04

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
breast implant, chest, damage
FACTS
On July 31, 2015, plaintiff Cynthia Hedgecock, 68, a self-employed worker, was walking on a sidewalk along Morrell Street, approaching Grand Avenue, in San Diego, when she tripped and fell. Hedgecock landed on her chest. Hedgecock sued the city of San Diego, alleging the city failed to repair and/or maintain the sidewalk, creating a dangerous condition. Hedgecock contended that she was on her way to a meeting when she got out of her car carrying folders in one hand and a phone in the other. She testified that she was not looking down at her feet while she walked toward Grand Avenue and that when she tripped, she was trying to keep her papers from flying away and her cell phone from hitting the ground. Hedgecock claimed that there was a 2.5 inch concrete lip in the sidewalk, causing it to be uneven, and that her toe became caught in it, causing her to trip and fall. Thus, she contended that the city was negligent for failing to repair the defect and that the sidewalk was left in a dangerous condition to the public. Defense counsel denied the fall occurred where Hedgecock alleged, as Hedgecock contacted the city six months after the fall and indicated a different location on the claim she filed with the city than what was presented at trial. Defense counsel further asserted that the fall was not witnessed by anyone and no images were submitted to document any damages to Hedgecock’s phone or clothing. However, after plaintiff’s counsel obtained evidence that the sidewalk violated city rules regarding height differentials between sidewalk slabs and, further, could prove the city knew about the dangerous condition at least five months before Hedgecock’s fall, the city, one week before trial, agreed to stipulate to liability., After her fall, Hedgecock got up and continued to her meeting. However, on Aug. 17, 2015, Hedgecock, who had breast implants, presented to Scripps Clinic, in San Diego, with persistent chest pain and breast deformities. By early September 2015, she learned that both of her silicone breast implants had ruptured and that the silicone had been leaking into her blood since the subject fall. As a result, she had to undergo a bilateral implant removal and a replacement procedure on Nov. 10, 2015. After the extensive surgery, Hedgecock required pain medication, sleeping aides, and assistance from her husband, and it took two months for her to fully recover. Hedgecock admitted that she was back to her former state of health within six months of the fall. Thus, she sought recovery of $19,924.04 in past medical costs and an unspecified amount of damages for her past pain and suffering. Her husband, plaintiff Roger Hedgecock, presented a derivative claim seeking recovery for his loss of consortium, but his claim was ultimately dismissed before trial. Defense counsel denied that Ms. Hedgecock’s ruptured implants were caused by the fall. Counsel noted that Ms. Hedgecock had a scheduled doctor’s appointment five days after she reportedly fell, but that she did not mention the fall to the physician. Counsel also contended that an MRI done weeks after the fall looked similar to an MRI done in 2012, when Ms. Hedgecock said she fell while on vacation in Hawaii. Defense counsel further contended that the 2012 MRI showed intracapsular ruptures of both breast implants and that 2015 medical records showed that the implants were due for replacement anyway because they were more than 20 years old. In addition, defense counsel noted that Hedgecock’s surgeon testified that he would have recommended surgery even without the fall because the implants were more than 20 years old, had Grade IV contractures, and had intracapsular ruptures.
COURT
Superior Court of San Diego County, San Diego, CA

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