The Florida Department of Health’s Board of Medicine has discovered no possible trigger for some of the primary complaints filed towards plastic surgeon Loren Clayman.
Clayman’s lawyer didn’t return a request for remark. And a earlier spokesman who talked on behalf of the household stated he not labored for Clayman.
The Florida Times-Union first wrote about three women who stated Clayman severely disfigured their breasts and induced burning ache that even years later gained’t subside. Clayman, who emphasizes how low cost his surgeries value in his ads, carried out subsequent surgeries for the three women for free, masking them with a product guarantee.
After that story, about 600 extra women stated their tales have been remarkably comparable and referred to as Chris Shakib, the lawyer who filed medical malpractice fits for the primary three women, Shakib stated. About two dozen women additionally referred to as the Times-Union. After studying concerning the first three women’s tales within the Times-Union, Florida Department of Health investigators requested them to file complaints towards Clayman, Shakib stated.
Health Department letters dated Wednesday stated a evaluation panel “determined that probable cause did not exist and directed that the case be closed.” Once possible trigger is discovered to not exist, the data are sealed. The women have 60 days to ship the health division extra info, which Shakib stated they may do.
Even if these appeals fail, 35 women have filed lawsuits, and 22 have filed notices of intent, and 200 extra are within the pre-suit stage with Shakib, based on him. Other legal professionals are additionally representing women who have filed lawsuits or are within the pre-suit stage.
While the medical malpractice lawsuit course of can transfer slowly, the health division is ready to examine and act extra shortly towards docs who have offered inadequate care.
The health division’s letters don’t clarify what protection Clayman provided. Shakib stated he’d been repeatedly making an attempt to get in contact with the health division’s prosecutions providers unit with no luck earlier than the letters arrived.
Previously, Clayman’s lawyer, Rick Ramsey stated that Loren and his son Mark Clayman “are highly trained and skilled physicians who adamantly deny the allegations brought against them. They have a very loyal following of patients and fully intend to defend themselves against these accusations, many of which are completely false and/or exaggerated.”
According to health division spokesman Brad Dalton, the unit has 52 attorneys dedicated to the evaluation and prosecution of all instances investigated by the division.
Leslie Goller, one other lawyer working with Shakib, stated that the executive course of is unfair to sufferers. The sufferers are contacted for interviews early within the investigative course of, however after that, they get no details about Clayman’s protection. Clayman, however, was allowed to foyer the health division’s prosecution providers unit, she stated.
Three occasions within the 1980s, the Florida Department of Health discovered violations towards Clayman, together with one time he left a surgical sponge inside a affected person. The two different occasions, he didn’t hold correct data of drugs. Because complaints are confidential until the health division finds possible trigger, it’s unknown what number of occasions women have filed complaints towards Clayman.
Of the 600 women who referred to as Shakib, solely about 250 might nonetheless file lawsuits. The others had instances from too way back, Shakib stated.
Medical malpractice instances are notably sluggish shifting, and they will’t be mixed right into a mass tort declare as a result of every should individually show that the physician brought on hurt.
Shakib stated the women who referred to as him had remarkably comparable tales.
Many have been new moms who needed breast reductions or breast lifts. Instead, many of the women who have filed lawsuits or spoken to the Times-Union stated that Clayman used implants that considerably elevated the dimensions of their breasts. Their nipples pointed in reverse and unnatural instructions. They complained of burning ache.
“What’s particularly crazy is we’re not just talking about some isolated incident that one patient is complaining about,” he stated this week. “We’re talking about what is a public health emergency in Duval County.”
Shakib has argued in lawsuits that Clayman profited off a budget surgeries as a result of of reimbursements from Allergan, the breast-implant producer, which might pay $1,200, in line with data, for every reparative surgical procedure.
Allergan’s deflation price is 1.2 %, Shakib stated, citing statistics the corporate used when getting FDA approval, but the Claymans have stated 5,516 implants they used had deflated. In 2014 alone, the Claymans informed Allergan that 1,057 implants they put in women have been faulty, in line with Shakib.
Andrew Pantazi: (904) 359-4310