Fullerton Beck Scores Defense Verdict for Westchester County Plastic Surgeon

A Fullerton Beck trial team led by John Leifert and Eileen Becker earned a unanimous defense verdict 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 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 lack of cooperation and candor with doctors. At trial, the plaintiff proved to be an ineffective witness: repeatedly confronted with medical records that contradicted claims and often doubled down despite clear inconsistencies in testimony, allowing the jury to see the plaintiff’s 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 the plaintiff’s 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 weakness of the expert testimony. The result was a cohesive presentation that left little doubt about the propriety of the surgeon’s care.