An Idaho medical malpractice lawsuit has been filed in federal court by four former patients of an Idaho plastic surgeon alleging that he injected counterfeit Botox from China and implanted counterfeit breast implants in them. The plastic surgeon’s cosmetic surgery website states that due to his “busy schedule with his ENT practice, he will be closing [his laser cosmetics practice] and no longer offer cosmetic services.”
The women allege in their Idaho medical malpractice lawsuit that the defendant plastic surgeon secretly swapped out genuine Botox injections and replaced them with counterfeit injections manufactured in China, without their knowledge or consent. They also contend that the defendant plastic surgeon implanted counterfeit breast implants manufactured in China in them, without their knowledge or consent. The fake products were not FDA-approved, according to the women’s lawsuit.
While the fake Botox injections cannot be removed and replaced with the genuine product, the three women who received fake breast implants will have them removed, according to their Idaho medical malpractice lawsuit.
The women’s lawsuit was filed on April 29, 2016 in the United States District Court for the District of Idaho and alleges that the defendant Idaho plastic surgeon committed medical malpractice, fraud, battery, violated the federal Racketeer Influenced and Corrupt Organization Act (“RICO”), and that he breached his fiduciary duty owed to them.
The defendant Idaho plastic surgeon posted a blog on his website on July 23, 2013 in which he wrote, “America has a love/hate relationship with Botox. It’s the blockbuster drug that millions use regularly … But there are some definite risks with its use, and it’s been implicated in some dark controversies, black market purchases and even deaths … This toxin can travel to the muscles that control swallowing and coughing and aspiration of food and pneumonia can result. These complications are rare, but they do underscore the fact that getting Botox is not like getting a facial or a massage. It is a medical procedure that should be performed in a medical office, a heavily regulated environment designed to assure patient safety and privacy.”
The Idaho Board of Medicine states on its website that the defendant plastic surgeon is an otolaryngologist and that there have been no actions filed against him by the Idaho Board of Medicine. The defendant’s Idaho medical license expires on June 30, 2018.
The violation of the trust that patients necessarily place in their medical providers is not only a psychological injury but may also result in serious or deadly physical harm. When a surgeon substitutes counterfeit products manufactured in the United States, in China, or in other countries that are not subject to FDA oversight and regulation, for genuine FDA-approved medical products, he not only breaches the trust of his patients, but he also unnecessarily and maliciously endangers his patients’ health and well-being.
If you or a loved one may have received a fake (counterfeit) medical product, such as fake Botox or fake breast implants, you should promptly consult with a medical malpractice lawyer in your U.S. state who may investigate your counterfeit medical product claim for you and represent you in a medical malpractice/counterfeit medical product case, if appropriate.
Visit our website or call us toll-free in the United States at 800-295-3959 to be connected with medical malpractice attorneys in your state who may assist you.
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