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Duffy & Duffy, PLLC Obtains $1.05 Million Verdict Against a Plastic Surgeon for Failing to Properly Treat a Postoperative Infection


The defendant performed a breast augmentation on the plaintiff, a 55-year-old married woman. The surgery had no reported complications.

A week after the surgery, the plaintiff presented to the defendant with discolored nipples. The defendant diagnosed nipple necrosis and prescribed silvadene cream.

Over the following month, the defendant performed multiple debridements of the plaintiff’s nipples.

The plaintiff presented to the defendant with a foul odor and discharge emanating from her right nipple. The defendant diagnosed an infection and prescribed oral antibiotics to be taken for a week.

On August 10, 2015, plaintiff sought a second opinion due to continued discoloration of her right nipple from non-party plastic surgeon, who noted that there were no signs of infection and told her to continue with topical creams and wound care.

On August 20, 2015, the defendant again noted no signs of infection.

On September 1, 2015, plaintiff presented to Winthrop Hospital with right breast pain, and was diagnosed with bilateral breast infections and admitted to the hospital.  Defendant surgically removed her infected implants and inserted spacers.

Plaintiff underwent re-implantation of her breast implants. She claimed that due to the multiple surgeries, she would be left with significant permanent scarring of the breasts.

A jury found 6-0 that the defendant was negligent in failing to properly work up an infection by not culturing the fluid emanating from plaintiff’s right nipple, and awarded plaintiff $1.05 million for her pain and suffering.