O'Brien and Ryan, LLP - Attorneys at Law
Successes

Defense Verdict for Plastic Surgeon in Philadelphia

Dorothy Duffy obtained a defense verdict for a plastic surgeon. On October 28, 2003, the Honorable Victor J. DiNubile, Jr., released all 300+ pending silicone breast implant cases in the Court of Common Pleas of Philadelphia County. All but two of those cases have been discontinued. In one of the remaining cases, a jury recently returned a verdict in favor of the defendant plastic and reconstructive surgeon.

In March of 1985, the plaintiff underwent cosmetic breast augmentation. Her breast implants were removed in 1994 and one was found to be ruptured. The plaintiff filed her lawsuit in 1994 during the stay imposed by the Coordinating Court for the silicone breast implant litigation. After the stay on Philadelphia County cases was lifted in 2003, discovery proceeded pursuant to the case management orders established through the mass tort program.

The case proceeded to trial on the issue of informed consent. Plaintiff alleged that the defendant failed to advise her of the risks of implant rupture and gel bleed prior to the surgery. The defendant plastic and reconstructive surgeon testified that he did advise the plaintiff of all of the material risks of the surgery, including implant rupture. The jury agreed and returned a verdict in favor of the defendant.


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