I recently filed three separate lawsuits in Duval County Court on behalf of three patients of Loren Z. Clayman, M.D. Each had breast surgery in 2008, 2009 and 2010 respectively. The suits, against Loren Z. Clayman, M.D. and Loren Z. Clayman, M.D., P.A., allege not only medical negligence but also misrepresentation that defective implants caused post-surgical complications.
“One Size Fits All” Approach
The lawsuits allege the women were given a “one size fits all” approach of using large, “high profile” saline implants that were overfilled, did not appropriately match their anatomy, and did not include the necessary lifts and/or reductions. As a result, the women ended up with unevenly sized, sagging and/or hard breasts. One patient suffered infections and scarring as a result of all the surgeries. All require corrective surgery, and the suits further contend that multiple operations put the women at risk for surgical and anesthetic complications.
A successful surgery is not just about adding an implant; a plastic surgeon has to use skill to choose an implant that is the appropriate size based on the patient’s anatomy, and then, has to perform one or more lifts and/or reductions to achieve the necessary symmetry and placement.
Defective Implants Claims
The lawsuits further contend Dr. Loren Clayman misrepresented the patients’ post-surgical problems as being the result of defective implants. Among the three women, Dr. Clayman performed 14 surgeries and filed nine separate warranty claims with Allergan, the manufacturer of the Natrelle saline implant, claiming that each of the implants had a hole, a defective valve, or foreign particles that prevented the valve from functioning.
Under the warranty program, Allergan appears to make reimbursements immediately upon receipt of claims with accompanying returned products. The manufacturer paid Dr. Clayman and provided him with a new implant each time a warranty claim was made for the three patients. The complaints allege that in all of the nine warranty claims, the manufacturer’s laboratory analysis reports concluded the implants were not defective.
Allergan’s implant follow-up studies show spontaneous saline implant deflation rates of approximately 2.7%-6.8% at five years, averaging roughly 1.2% a year. At that rate of deflation, the odds against three separate patients each having multiple implant deflations in a row are astronomical.
Florida Times-Union: Longtime plastic surgeon faces lawsuits from three breast-implant patients.
Terrell Hogan represents the injured as they seek justice. If you believe you have been the victim of medical malpractice, we invite you to consider having Terrell Hogan represent you. Contact attorney Chris Shakib at 904 722-2228 or (888) 244-5557 for a free consultation.