Class-action Suit Prevails Against 2 Plastic Surgeons in Korea

DECEMBER 15, 2008 10:08

A group of plastic surgery victims have won the first class-action suit in Korea against plastic surgeons.

The Seoul District Court awarded damages of 100 million won (72,859 U.S. dollars) to 27 patients who suffered severe side effects such as pain, irregularity and asymmetry after receiving calf reduction or partial gastrocnemius muscle resection procedures from two plastic surgeons.

The court ordered the defendants Nov. 19 to pay four million (2,914 dollars) to 5.8 million won (4.225 dollars) to each of 24 plaintiffs.

The suit was filed in March last year after six patients who suffered side effects from calf reduction surgery at a clinic in southern Seoul set up an online café. They sought people with similar cases.

Just two days after the café was set up, more than 70 people joined.

A 40-year-old woman who joined the café in July said, “I feel severe muscle pain under my heels when walking. I especially have sharp pangs in my ankles. I found I wasn’t alone in experiencing severe side effects from plastic surgery after surfing the Internet.”

The Web community now has about 2,500 members.

Calf reduction or partial gastrocnemius muscle resection procedure reduces gastrocnemius muscles to make thinner and longer calves.

The cosmetic surgery clinic received two million (1,457 dollars) to three million won (2,185 dollars) for non-incisional calf reduction, which reduces muscle bulk in the calf, and partial resection of gastrocnemius muscle by using ultrasonic waves.

Medical experts warn that both procedures can cause severe forms of neuralgia, a disease whose chief symptom is neural pain.

Dr. Yang Jong-yun, head of anesthesiology and pain medicine at Korea University Ansan Hospital, said, “Procedures that kill nerve cells that do not cause harmful effects, including inflammation, should be avoided. If doctors perform plastic surgery, they should explain the adverse side effects that could ensue.”

The court said in a statement that the hospital failed to properly warn the patients of the possible side effects and blamed the two plastic surgeons for malpractice.

One of the defendants appealed the decision, saying the other surgeon was responsible.

An attorney for the defendants said, “This class-action lawsuit suggests that victims are more likely to win a class-action lawsuit than an individual would in medical malpractice lawsuits.”

Kang Tae-eon, director-general at the civic group Consolidation for Medical Consumer, said, “Most medical malpractice in cosmetic and plastic surgery are not likely to lead to direct lawsuits due to the small amounts of money at stake, the time needed, and the cost of filing a lawsuit.”

“Since the class-action suit can save costs for filing a lawsuit and have a significant impact on future cases, similar lawsuits for medical malpractice are likely to follow.”

The civic group also said the historic ruling could deter plastic surgeons from performing reckless cosmetic surgery.

Message about my videos on You Tube

Every so often I receive a private message which serves to make the Hell of my life worth the effort it takes to continue for another day. In the face of being ridiculed by members of my own family, alienated by all but a few close friends and demeaned by those in the medical profession most able to help me, I ask myself each day: Why don't I end this nightmare now?

Then I receive a message like this and have my answer:

moooingcow has sent you a message on YouTube:

botched surgery

I feel for you and totally understand how some medical professionals are harsh and unsympathetic. I had a terrible accident in 1992 where it left adhesions in my intestines and nothing would show up in the tests but I would end up in the ER with excruciating pain 2-5x per year. It took 15 years to diagnose and they all told me it was in my head. My heart goes out to you. When I saw you doing the tests and they kept saying you had an unobstructed airway, it was making me mad that they could not see that you were obviously having trouble with the airway. There is probably so much scar tissue that doesn't show up in your tests and who knows what else lost it's nerve conduction. You'll never have one surgeon say another made a mistake. I KNOW that from experience. I only hope you can find some relief and some how find a doctor to fix or relieve the problem. Some problems like mine and not fixable, but they are manageable. I hope you have some luck. You're in my prayers. Hang in there. If you can educate others you could be saving many others from a life of hell. Thank you for the videos.

Cheers,
Laura aka Moooingcow