Doctor Took Extra Skin Out Of Garbage To Complete Surgery
In December 2001 plaintiff Jennifer Auston, 40s, underwent gastric bypass surgery and loss 220 pounds. In June 2002, at Chilton Memorial Hospital in Wayne, Auston underwent brachioplasty surgery. This surgery is commonly known as an “arm lift” to remove excess arm skin, which Auston had as a result of the surgery. The surgery was performed by Allan Wasserstrum. During the surgery Auston claimed Wasserstrum cut off too much skin, resulting in scarring.Auston sued Wasserstrum for medical practice in performing the surgery.Plaintiffs’ counsel claimed Wasserstrum removed too much skin from Auston’s left arm. It took 40 square inches to close the gap in Auston’s skin.
William Wolkstein, plaintiff’s expert in plastic surgery opined that Wasserstrum did not properly perform the surgery. Wasserstrum drew the surgical lines free hand, instead of using a ruler.
Plaintiffs’ counsel claimed that when Wasserstrum realized he cut too much away from Auston’s arm he went back in a garbage receptacle and retrieved the excess skin. The receptacle wasn’t sterile and thus caused Auston to get gangrene within a week of the surgery.
Rocco Tutela, defense expert in plastic surgery opined that the surgery was properly done, and Auston’s injuries were an unfortunate outcome. Picking the excess skin graft out of the garbage did not harm Auston as the receptacle was clean.
Auston claimed as a result of the surgery she suffered keloid scarring and nerve damage to her left arm. She had around 20 spinal injections to stop the pain and had a spinal cord stimulator implanted with a battery pack in her left buttocks to deal with the pain.
Auston claimed the pain is constant and there are no future surgeries that can relieve her suffering. She also has hypersensitivity in the area of the scarring. Auston stated she is afflicted with reflex sympathetic dystrophy which causes pain, swelling and stiffness.
Auston claimed that as a result of the surgery she lost three months wages as a claims processor for Aetna. In 2004 she left Aetna and took a lower paying job at a hospital.
Auston’s husband James sought damages for the loss of his wife’s companionship and services as a result of her injuries.
Defense counsel doubted the severity of Auston’s injuries. He pointed out that she appeared to be in fine health throughout the duration of the trial. Defense counsel also pointed out that Auston didn’t inform Wasserstrum that she was seeing a pain management specialist during her post operative care.
The jury found Wasserstrum negligent and awarded the plaintiffs a total of $2.177 million.