Settlement Reached in Multimillion Dollar Breast Surgery Lawsuit
The lawsuit was filed against The Cosmetic Institute by patients who claimed they experienced distressing complications due to the negligence of the staff.
Women who reportedly suffered complications from undergoing “One Size Fits All” breast augmentation surgery in two states may receive compensation through a proposed class-action settlement.
The lawsuit against The Cosmetic Institute was initiated in 2017 by patients in NSW and Queensland who alleged they faced distressing complications as a result of the negligence of the company’s surgeons and staff.
These complications included heart issues, punctured lungs, seizures, and other conditions.
The case, which had been ongoing for some time, was set for a lengthy civil hearing in the NSW Supreme Court. However, the parties reached a last-minute agreement to settle the dispute for $25 million.
The sought damages covered medical and psychiatric treatment, additional costs for revision surgery, medical monitoring, and other losses.
The surgeries took place at The Cosmetic Institute’s clinics in Sydney, including those in Parramatta and Bondi Junction, as well as at other facilities in the NSW capital and on the Gold Coast.
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The class action argued that patients were not adequately informed of the risks associated with the “One Size Fits All” procedure, and that the clinic’s staff were negligent and breached their duty of care and consumer guarantees.
Of the total settlement amount, over $2.8 million (US$1.8 million) will be distributed among the 12 lead plaintiffs in the case.
Additionally, a sum of $10 million will be allocated to cover the legal expenses incurred by Turner Freeman in handling the lawsuit and determining the compensation for affected women who come forward.
The remaining $12.2 million will be divided among other impacted women.
As The Cosmetic Institute and its subsidiaries are presently in liquidation, they may not be required to pay any portion of the settlement.
The company’s director and primary plastic surgeon, Eddy Dona, has been targeted in the class action for his alleged role in designing the procedure and training employees involved in the surgeries.
Furthermore, three insurers for The Cosmetic Institute have been implicated in the class action.
Under the proposed settlement, no admission of liability has been made by the now liquidated medical firm or its former employees.
There will be a two-day hearing on May 13 where the court will hear objections from affected women and considerations on the fairness and reasonableness of the settlement before making a final decision.
