Virginia Lawyers Weekly//September 19, 2022
Virginia Lawyers Weekly//September 19, 2022//
Type of action: Medical malpractice
Injuries alleged: Complications from wounds failing to heal following breast reduction surgery
Date resolved: 6/16/2022
Verdict or settlement: Settlement
Attorneys for plaintiff (and city): Gary B. Mims and Matthew C. Perushek, Fairfax; Samuel W. Burgen, Falls Church
Description of case: Based upon a recommendation from a friend, a 50-year-old woman sought breast reduction to relieve neck pain. Defendant, plastic surgeon, without adequate investigation as to whether plaintiff’s neck pain was due to the size of her breasts, recommended bilateral breast reduction. After surgery, plaintiff’s surgical wounds failed to heal because of ischemia. Defendant rushed plaintiff into a “revision” surgery, which included an attempted skin graft. The revision failed, and plaintiff developed an infection and required treatment at a wound care center. The ordeal left plaintiff with unsightly scarring.
Plaintiff’s experts opined that the revision surgery was unwarranted and made the condition worse; rather, defendant should have allowed the wounds to heal and then revise the residual scars. Additionally, plaintiff claimed lack of informed consent, alleging that had plaintiff known the risks, she would not have proceeded with the elective breast reduction, and defendant had a duty to disclose his personal history performing this type of procedure, including his prior poor outcomes.
The damages claimed included pain, suffering, mental anguish, and deformity and disfigurement. The case settled after plaintiff’s experts were identified without mediation.
Plaintiff’s attorney Matthew Perushek provided case information. [022-T-107]