oct ewj 24 online - Flipbook - Page 42
Seven-Figure
Settlement for
Foreign National
After Negligent
Private VASER Liposculpture
Partner Frank Pinch (Head of Clinical Negligence Leeds) and senior paralegal
Beth Brayshaw outline GG’s situation and legal claim.
Our client GG developed lower limb compartment syndrome as a result of negligent failures
during a surgical procedure. GG travelled from his home country to London to undergo a six-hour
VASER liposculpture (to enhance his abdominal musculature) at a private hospital under general
anaesthetic.
By the time the cosmetic operator transferred GG to
the A&E department of an NHS hospital, significant
muscle necrosis had already occurred. At no point up
to the transfer did GG’s records reflect any consideration of compartment syndrome as a diagnosis to be
excluded and no adequate documentation excluded
this emergency surgical complication. As a result, GG
underwent multiple surgical decompression operations at the NHS hospital, where a large amount of
GG’s lower limb muscle had to be removed.
Details of the injury
VASER (vibration amplification of sound energy at
resonance) is a ‘body sculpting’ procedure, which uses
ultrasound waves to remove fat deposits from under
the skin. The technique requires an expert operator
to be done safely and effectively.
After the procedure at the private hospital, GG
experienced unexplained severe lower limb pain that
could not be relieved even by very strong painkillers.
Postoperatively, the cosmetic operator failed to
promptly recognise and act upon classic signs of bilateral lower limb compartment syndrome – a surgical
emergency where an increase in pressure inside a
muscle compartment restricts blood flow.
The second aspect of the case related to the cosmetic
operator’s failure to inform GG that he did not have
adequate (or any) training as a surgeon or in the
recognition of post-surgical complications, nor did he
have a surgical qualification recognised in the United
Kingdom.
Consequently, GG sustained severe and permanent
nerve and muscle damage to both lower limbs, muscle loss, and sensory disturbance with foot drop, which
requires lifelong splintage. His ability to walk and to
perform normal day-to-day activities were also
permanently reduced.
The defendant opposed the claim vigorously, raising
procedural and evidential points at regular intervals.
The expert evidence was highly technical and many
hurdles had to be overcome. The legal team for the
cosmetic operator complicated the case by arguing that
the private anaesthetist present during the six-hour
procedure was also responsible for GG’s post-operative care. The cosmetic operator brought a separate
claim against the anaesthetist, asking the court to consider this at the same time as GG’s claim. Following
intense discussion, the court agreed to do so.
Legal case
Frank Pinch acted as the lead solicitor on the case,
instructing Simeon Maskrey KC and Kate Lumbers
of 7BR Chambers.
GG’s case stated that compartment syndrome was
diagnosable within six hours of the VASER procedure
and that the cosmetic operator should have acted on
GG’s presenting symptoms swiftly through immediate referral to the nearest NHS accident and emergency department. If the symptoms had been
diagnosed sooner, and emergency surgical decompression carried out on the evening of surgery or early
the next morning, GG would have escaped all injury
besides scarring to his legs.
EXPERT WITNESS JOURNAL
Settlement
A round table meeting of GG’s legal team and those of
the cosmetic operator and anaesthetist took place in
October 2023. GG’s barristers presented robust arguments that the cosmetic operator’s defence was weak
and would very likely fail at trial.
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