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Patient's scar an accepted result of surgery, doctor claimed
New York County
New York Supreme
face/nose-facial laceration; face/nose-scar and/or disfigurement, face
Medical Malpractice - Surgical Error, Plastic Surgeon, Plastic Surgery, Cosmetic Surgery, Ear, Nose & Throat
Brian McBride v. Steven J. Pearlman, MD and Pearlman Aesthetic Surgery, P.C., No. 805260/14
October 20, 2017
Brian McBride (Male, 29 Years)
Anna Badalian; Krentsel & Guzman LLP; New York, NY, for Brian McBride
Steven J. Pearlman,
Pearlman Aesthetic Surgery P.C.
Paul M. Paley; Garbarini & Scher, P.C.; New York, NY, for Steven J. Pearlman, Pearlman Aesthetic Surgery P.C.
Medical Liability Mutual Insurance Co. for both defendants
On Jan. 24, 2012, plaintiff Brian McBride, 29, a business's owner, underwent a septorhinoplasty, which involved surgical revision of his nose and septum. The procedure was performed by Dr. Steven Pearlman. The surgery scarred McBride's nose. McBride sued Pearlman and Pearlman's practice, Pearlman Aesthetic Surgery P.C. McBride alleged that Pearlman failed to properly perform the septorhinoplasty, that Pearlman's failure constituted malpractice, and that Pearlman's practice was vicariously liable for Pearlman's actions. McBride's expert otolaryngologist noted that McBride's injury is a result of a laceration of the exterior surface of the nose. The expert contended that a septorhinoplasty's incisions are performed within the nose. He opined that McBride's laceration was a result of a departure from an accepted standard of medical care. Defense counsel contended that McBride's injury is a rare, accepted complication of the surgery that Pearlman performed. Pearlman claimed that the injury occurred while cartilage and skin were being lifted. He claimed that the maneuver is a necessary task that can cause a laceration.
McBride suffered a laceration of the left side of his nose. The laceration was closed via application of sutures. McBride retains a scar of his nose. He claimed that the scar is noticeable and embarrassing. McBride sought recovery of a total of $2,025,000 for past medical expenses, past pain and suffering, and future pain and suffering. Defense counsel claimed that McBride's scar covers merely 5 millimeters of skin. He contended that the scar is not easily noticed.
The jury rendered a defense verdict.
Joan A. Madden
1 male/ 5 female
Justice Joan Madden denied plaintiff's counsel's oral motion to set aside the verdict.
This report is based on information that was provided by plaintiff's and defense counsel.