A Fullerton Beck trial team led by John Leifert and Eileen Becker earned a unanimous defense verdict in a medical malpractice case on behalf of the firm’s client, a board-certified plastic and reconstructive surgeon, in the Supreme Court of the State of New York, Westchester County.
The case involved claims brought by a 45-year-old plaintiff who alleged negligent surgical care to remediate complications from illegal silicone injections she had received years earlier. The plaintiff sought $5 million in damages, but after almost two weeks of trial, it took the jury just over an hour to return its unanimous verdict in favor of the defense.
The defense successfully showed that the plaintiff’s complications resulted from the underlying silicone injections and her lack of cooperation and candor with her doctors. At trial, the plaintiff proved to be an ineffective witness: she was repeatedly confronted with medical records that contradicted her claims and often doubled down despite clear inconsistencies in her testimony, allowing the jury to see her misguided anger and unreliability.
The defense highlighted that the plaintiff ignored medical instructions, continued to smoke against advice, interfered with wound healing by manipulating surgical sites, and withheld key details from subsequent providers. These behaviors undermined her claims and reinforced the defense position that the care provided was appropriate and professional.
In contrast, the defendant surgeon testified calmly and credibly, thoughtfully explaining the medical decisions that guided his care.
A key factor in the defense victory was the team’s preparation. The firm presented credible witnesses, including medical experts who explained the dangers of the underlying silicone injections and the challenges of treating patients affected by them. Thorough research and carefully tailored cross-examinations exposed fatal flaws in the plaintiff’s claims and the weaknesses of her experts’ testimony. The result was a cohesive presentation that left little doubt about the propriety of the surgeon’s care.