Lawyer sued over laser treatment, defendants prevail – Defense verdict

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Plaintiff, a lawyer, alleged that defendants negligently failed to advise her of all of the risks and potential complications of a cosmetic laser procedure. Plaintiff claimed that defendants disregarded contraindications to the procedure; as a result, plaintiff suffered permanent scarring, disfigurement and nerve damage.

Plaintiff’s claims were supported by a retained expert witness who specializes in the procedure at issue, a local neurologist and a burn specialist at Johns Hopkins University School of Medicine. Defendants proved that plaintiff’s informed consent was obtained. Defendants also proved that the non-ablative laser used in her treatment, which plaintiff requested lower settings, did not and could not cause her permanent nerve damage.

After seven days of trial and 59 minutes of deliberation, a jury in Virginia Beach Circuit Court returned a verdict in favor of defendant dermatologist, defendant registered nurse and defendant dermatologist’s Corporation. Plaintiff sought $2,250,000.00 in her complaint.

[19-T-174]

Type of action: Medical malpractice

Injuries alleged: Plaintiff alleged defendant dermatologist and defendant registered nurse negligently failed to advise her of all of the risks and potential complications of an elective cosmetic laser procedure. Plaintiff claimed that defendants disregarded contraindications to the procedure, and that as a result, she suffered permanent scarring, disfigurement and nerve damage.

Court: Virginia Beach Circuit Court

Tried before: Jury

Name of judge: Judge James C. Lewis

Date resolved: Oct. 23, 2019

Demand: Ad damnum was $2,250,000

Verdict or settlement: Defense Verdict

Attorneys for defendant: Rodney S. Dillman and Jennifer L. Stevens, Virginia Beach

Plaintiff’s experts: William B. Seiler, M.D.

Defendant’s experts: Mark Steinberg, D.D.S., M.D., F.A.C.S. (facial nerve expert), A. Jay Burns, M.D. (plastic surgery), and Suzanne Kilmer, M.D. (dermatologist)

Insurance carrier: The Doctors Company