November 26, 2007

A cosmetic surgeon was sued for allegedly failing to remove a cotton ball from the plaintiff’s ear canal after completing a face lift procedure.  Plaintiff maintained that she experienced a sensation of fullness in her ear following the surgery and that the fullness later became pain accompanied by hearing loss.  The plaintiff sought compensation for pain and suffering, medical expenses and travel related expenses.  The defense countered that there was no proof that a cotton ball was ever left in the plaintiff’s ear.  In fact, the physician had performed the facelift by making a retrotragal incision along the plaintiff’s ear.  This type of incision is impossible to sew up without removing the cotton ball. Gerald Toner maintained that the plaintiff’s ear complaints were more likely caused by the plaintiff inserting a q-tip into her ear or from infection.  In a rather unheard of twist, the plaintiff agreed to dismiss her claims following conclusion of opening statements.

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