New York Verdicts
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$100,000
Type:
Verdict-Plaintiff
State:
New York
Venue:
New York County
Court:
New York Supreme
Injury Type(s):
epidermis-keloid face/nose-scar and/or disfigurement; face
Case Type:
Medical Malpractice – Surgical Error, Plastic Surgeon, Plastic Surgery, Cosmetic Surgery
Case Name:
Marilyn Franklin v. Robert V. Cattani, MD.,
No. 800107/10
Date:
June 14, 2013
Plaintiff(s):
Marilyn Franklin (Female, 59 Years)
Plaintiff Attorney(s):
Andrew C. Laufer;
Law Office of Andrew C. Laufer PLLC;
New York,
NY,
for
Marilyn Franklin
Plaintiff Expert(s):
Richard Marfuggi;
M.D.;
Plastic Surgery/Reconstructive Surgery;
Denville,
NJ called by
Andrew C. Laufer
Defendant(s):
Robert V. Cattani
Defense Attorney(s):
Michael J. Morris;
Costello, Shea & Gaffney LLP;
New York,
NY,
for
Robert V. Cattani
Defendent Expert(s):
John Romano;
Dermatology;
New York,
NY called by
Michael J. Morris ■ William Rosenblatt;
Plastic Surgery/Reconstructive Surgery;
New York,
NY called by
Michael J. Morris
Insurer(s):
Medical Liability Mutual Insurance Co.
On Feb. 21, 2009, plaintiff Marilyn Franklin, 59, a retiree, underwent cosmetic surgery that was intended to tighten the skin of her face and neck. The procedure was performed by Dr. Robert Cattani. Franklin claimed that the procedure caused severe scars. Franklin sued Cattani. She alleged that Cattani failed to properly perform the surgery. She further alleged that Cattani’s failure constituted malpractice. Franklin‘s expert surgeon opined that Cattani did not properly create the surgical incisions. He contended that Cattani created excessive incisions, and he opined that the doctor should have utilized a "short-scar" technique that minimizes the potential impact of residual scars. Franklin‘s expert also opined that Cattani did not properly undermine the flaps of the skin of Franklin‘s face, that Cattani did not adequately plicate the tissue of the folds of her face and that the errors caused excessive tension that compromised the effect of the sutures that Cattani applied. The expert concluded that Cattani departed from accepted standards of medical care. The defense’s expert surgeon opined that Cattani properly located the surgical incisions, that Cattani utilized proper sutures, and that Franklin‘s scars were not a product of malpractice or negligence. The defense’s expert dermatologist opined that scars are an accepted risk of the procedure that Cattani performed. He also opined that Franklin‘s scars could have been caused by an unrelated subsequent event. He suggested that the scars could have stemmed from Franklin having been bitten by a mosquito.
Franklin claimed that Cattani’s surgery caused hypertrophic scars, which are scars that project above the level of the surrounding skin, keloids, which are rubbery lesions, and residual pain. She sought recovery of a total of $1 million for past and future pain and suffering. The defense’s expert surgeon opined that Franklin‘s scars are not a result of the surgery that Cattani performed.
The jury found that Cattani departed from an accepted standard of medical care. It opined that Cattani did not properly close the surgical incisions that he created. It determined that Franklin‘s damages totaled $100,000.
Marilyn Franklin $50,000 Personal Injury: Past Pain And Suffering $50,000 Personal Injury: future pain and suffering (20.7 years)
Judge:
Joan B. Lobis
Demand:
$200,000
Offer:
$50,000
Trial Length:
7
days
Trial Deliberations:
8
hours
Jury Vote:
6-0
Jury Composition:
2 male/ 4 female
This report is based on court documents and information that was provided by plaintiff’s counsel. Defense counsel did not respond to the reporter’s phone calls.