Woman awarded $8.25M
Suit claimed doctor botched breast augmentation surgery

The News--Press (Fort Myers, Florida)

By JACOB OGLES
jogles@news-press.com
Originally posted on August 24, 2006

A jury has awarded $8.25 million to a Fort Myers woman who claims a Naples-based plastic surgeon botched a breast augmentation.

Christy Aills has had to undergo 13 surgeries and the loss of her breasts since the initial operation in 2003, her lawyer said.

"Christy suffered a great deal," attorney Jeff Garvin said Wednesday. "It was a fair verdict and we are pleased with it."

Aills' lawsuit said Dr. Luciano Boemi failed to inform her surgery could result in damage to her body. During the surgery, the suit contends, Boemi failed to ensure blood continued to flow in her breasts and caused a loss in sensation.

Boemi's office referred calls to attorney Richard Mangan who did not return telephone calls from The News-Press on Wednesday.

Boemi's official biography indicates he is an internationally trained doctor who trained at Penn State University, "one of the most innovative plastic surgery centers in the country."

Aills' lawsuit did not challenge his medical license or certification with the American Board of Plastic Surgery or the American Board of Surgery.

The jury of four men and two women awarded Aills $250,000 in actual damages to cover medical expenses and personal costs. The other $8 million was for pain and suffering.

Aills, then 28, became Boemi's patient in February 2003 when she went for a breast lift and augmentation.

The procedure cost $9,725, according to the complaint.

During surgery, the blood supply was cut off from Aills' areolae, causing tissue to die, the suit says.

The lawsuit contends Boemi should have warned Aills that performing the lift and augmentation at the same time carried a greater risk. It also says Boemi's services fell below the "prevailing professional standard of care" for such surgeries.

In written responses, Mangan called the procedure a "complex surgical procedure" and said Boemi should not be held responsible.

The jury deliberated for three hours Tuesday evening before deciding in Aills' favor.

Boemi's attorneys have 30 days to ask for a judge to review the award.