Seven-figure settlement secured for client disfigured in botched breast reduction surgery

Dan Jeck and Josh Schwartz recently secured a seven-figure settlement for a client whose botched breast reduction surgery left her disfigured, permanently in pain, and emotionally scarred. Our client alleged that the surgeon who performed the procedure committed malpractice by failing to properly plan for it and by failing to properly address post-surgery issues such as our client’s significant loss of blood and an infection caused by the procedure.

As a result of the botched procedure, our client has needed a number of additional surgeries to address the infection, her pain, and her disfigurement.

The terms of the settlement, including the amount of the settlement and the identities of the plaintiff and defendant, are confidential.

“This failed procedure devastated our client,” said Dan. “In addition to the physical disfigurement, pain, and discomfort she endures and the sleepless nights they cause her, she has suffered immense psychological and emotional pain including feeling like less of a woman. This settlement will help her deal with the persistent physical and emotional scars from her breast reduction surgery and will provide some welcome sunshine into what has been a never ending series of cloudy days since her procedure a few years ago.”

Dan and Josh secured this favorable settlement for our client within roughly two years of filing their lawsuit, and after taking numerous depositions and reviewing thousands of pages of documents. They secured the settlement despite a number of hurdles in the case including the case being litigated during the court shutdown caused by the COVID-19 pandemic and without a trial date assigned to the case. COVID-19 has caused many courts to forego jury trials for the better part of a year. Without a jury trial on the calendar, most medical malpractice cases like this one do not progress to a settlement because there is no sense of urgency by the defendants to come to the bargaining table.

Perhaps most interestingly, Dan and Josh secured this favorable settlement after another prominent Philadelphia personal injury law firm declined to take the case upon reviewing our client’s medical records.

“This case is just another example of how the lawyers at Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck obtain fantastic results for our clients,” said Josh. “We unlock maximum value in our clients’ cases by aggressively and creatively litigating them, including digging deeper than other law firms might and exploring legal theories other law firms might not.”

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Co-founder and senior shareholder of our law firm, Philadelphia medical malpractice attorney Kenneth M. Rothweiler began his career as a legal clerk for the Superior Court of Pennsylvania. Dedicated to complex personal injury litigation, he has tried more than 100 jury trials. These cases resulted in some of the largest verdicts in Pennsylvania.