John Lyddane secures Defense Verdict

The case involved a 58-year old female who presented to the defendant doctor for an elective breast reduction surgery due to ongoing pain in her neck shoulders and back which was not relieved by conservative measures. Although the initial complaint in this matter stated claims with respect to informed consent, the manner in which the surgery was performed, fraud, Education Law violations, and other misdeeds, we were able to persuade the court to limit the claims to the management of the patient in the postoperative course.

Counsel for the plaintiff took the position that an emergency situation existed on the 1st and 2nd postoperative days due to venous congestion, and that immediate intervention was required in order to save the nipple areola complex at that time. It was our contention that venous congestion, to some extent, always exists after relocation of the nipple areola complex on a pedicle graft, and that the question of intervention is one of medical judgment which is exercised by the operating surgeon, based upon his other experience in whether the body can tolerate the degree of venous congestion, and whether healing of the nipple areola complex is expected to follow. The Court accepted the jury’s verdict finding in our client’s favor on the important issues involving these first two postoperative visits.