Page 16 - Verdicts and Settlements Hall of Fame: Medical Malpractice

MEDICAL MALPRACTICE
VERDICT & SETTLEMENTS
HALL OF FAME

#8 (Tie)

Case:
Hugh v. Ofodile

Attorney: Andres F. Alonso

Firm: Parker Waichman

Date: 10/26/2011

Verdict:
$60,000,000

By Phil Albinus

After losing a great amount of weight, you would hope that the

results would prepare you for the beach instead of qualifying as a
contestant on the cosmetic reality show “Botched.” But that’s what
happened to Allison Hugh, a 40 year-old unemployed woman who

suffered painful and dissatisfying results from plastic surgery nine
years ago.

In March of 2005, Hugh sought a cosmetic procedure to remove
excess skin around her thighs from her recent signiicant weight loss.
her cosmetic surgeon was Dr. Ferdinand Ofodile and the surgery

took place at North General Hospital in Manhattan. Following the
procedure, Hugh suffered what is known as dehiscence (or ruptur- consent to the surgery. Ofodile countered that not only did he prop-
ing) and degradation along her surgical wound. According to Hugh’s erly perform the surgical procedure, but stated that a surgical wound’s
claims, she developed a permanent deformity of her vagina’s labium.
dehiscence is “a normal, accepted risk of the surgery.” Ofodile also

contended that he properly explained all of the surgery’s associated
In her surgical error/malpractice lawsuit, Hugh claimed that Dr. risks to his patient. Defense counsel noted that prior to her procedure
Ofodile failed to perform the surgery to proper expectations. She Hugh consulted with various plastic surgeons and that those doc-

also claimed that the
tors had warned her of possible risks associated
doctor failed to obtain
with this procedure. Defense also noted that the
her informed consent THE PLAINTIFF’S EXPERT PLASTIC SURGEON plaintiff signed a form that indicated her consent

to the procedure and to the cosmetic procedure and its possible risks.
that these failures - BURT GREENBERG; M.D.; PLASTIC SURGERY/
amounted to mal- The plaintiff’s expert plastic surgeon - Burt
RECONSTRUCTIVE SURGERY OF GREAT
practice.
Greenberg; M.D.; plastic surgery/reconstructive
surgery of Great Neck, N.Y. - blamed improper
NECK, N.Y. - BLAMED IMPROPER SURGICAL surgical techniques. Greenberg also testified Hugh’s counsel was

that Hugh’s injuries are permanent. Hugh claimed Andres F. Alonso, an
TECHNIQUES.
that she experiences signiicant pain when she attorney with Parker
spreads her legs and during sexual intercourse. Waichman of Great

Her deformity, she claimed, has also made Hugh
Neck, N.Y. (Alonso is
no longer with the law irm. The law irm did not return telephone self-consciousness and produced emotional distress.
calls for this article.) Counsel claimed that Dr. Ofodile removed too

much tissue from the plaintiff during the procedure and and this
created “excessive tension of the skin” to Hugh’s groin. This tension Hugh and her attorney originally sued for $7,500,000. After a two-
opened Hugh’s vagina and caused the rupturing of the surgical wound.
week trial in Bronx Supreme Court in Bronx County before Judge

Alan J. Sacks, the jury deliberated for four hours. Their verdict was
sizable: $10 million for past pain and suffering and $50 million for In her lawsuit, Hugh claimed that her plastic surgeon failed to
future pain and suffering.
disclose the possibility of developing a deformity of her vagina.

Therefore, Hugh’s counsel argued that Ofodile did not obtain informed

14 November 2014