13 August, 2024

QPWB Uses Surgeon's Diligence, Expertise, And Training To Oppose 6 Year-Old Medical Negligence Claim in High-Stakes Case

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In: Verdicts

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Scottsdale-Hub Partners Dominique Barrett and Dustin Christner successfully defended the cosmetic surgeon against claims of medical negligence by highlighting her extensive experience, thorough vetting of the device, and adherence to all professional standards. This victory underscores the firm's expertise in managing complex cases and will positively influence future representations in similar legal matters.

Overview of the Case

  • The plaintiff brought claims of medical negligence, battery, and lack of informed consent against the cosmetic surgeon for injuries sustained during a facial resurfacing procedure.
  • The plaintiff also filed product liability claims against the medical device manufacturer, alleging that the device was defective, unreasonably dangerous, and should not have been sold to physicians for facial resurfacing.
  • The medical device manufacturer settled immediately before the trial, leaving the cosmetic surgeon as the sole defendant.
  • The case had been litigated for six years, with delays due to COVID-19 in setting a trial date. This was also a 10 juror unanimous jury verdict In Maricopa County, Arizona.  

Key Difference-Makers

  • Dominique Barrett - Partner
  • Dustin Christner - Partner

Claims Made Against our Client

  • During the trial, the plaintiff shifted blame from the medical device manufacturer to the cosmetic surgeon, alleging that she lacked sufficient training and experience with the device before proceeding with the facial resurfacing procedure.
  • The cosmetic surgeon was board-certified in general surgery and fellowship-trained in burns and reconstructive surgery.
  • She had years of experience with the manufacturer's products and received training from the manufacturer’s representatives.
  • The surgeon thoroughly vetted the device and procedure with the medical community, including consulting with physicians familiar with the device.

Defensive Strategy

  • The defense demonstrated that the cosmetic surgeon conducted her due diligence by vetting the device, consulting with physicians, attending lectures, researching the technology, and gaining hands-on experience before performing any procedures.
  • The surgeon followed all of the device manufacturer's instructions and training guidelines

Impact on Final Outcome

  • The defense effectively showed the jury that the cosmetic surgeon was an experienced, board-certified general surgeon skilled in various surgeries, with ample experience using similar medical devices throughout her career.

Predicting the Future

  • The case presented a challenge in navigating the jury through both the medical negligence claims and the product liability claims against the non-party medical device manufacturer.
  • The outcome is expected to positively influence the firm's approach to future cases involving medical malpractice and product liability law

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and women-owned law firm in the nation with jurisdiction in 48 states and territories in the U.S. allowing us to serve a broad spectrum of industries with over 100 areas of practice. Our lawyers provide representation for businesses and their leaders in litigation, regulatory, and corporate matters.

Discover the QPWB Difference

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