Plaintiff left with ongoing medical issues after cosmetic facial injections. $281K. Orange County.

Summary

Family-practice physician operates cosmetic clinic; patient says he injected the wrong material below her eyes. Permanent facial damage.

The Case

Case Name: Rapp v. Keys S. Keel, M.D.
Court and Case Number: Orange County Superior Court / 30-2018-01022869-CU-MM-NJC
Date of Verdict or Judgment: Tuesday, February 06, 2024
Date Action was Filed: Wednesday, October 03, 2018
Type of Case: Medical Malpractice
Judge or Arbitrator(s): Hon. Craig Griffin
Plaintiffs:
Cammie Rapp, 56
Defendants:
Keys S. Keel, M.D.
Type of Result: Jury Verdict

The Result

Gross Verdict or Award: $281,131
Net Verdict or Award: $265,675 (Reduced due to MICRA cap.)
Economic Damages:
$15,675
Non-Economic Damages:
$250,000
Trial or Arbitration Time: 10 days
Jury Deliberation Time: 5 1/2 hours
Jury Polls: 11-1 negligence and causation.
Post Trial Motions & Post-Verdict Settlements: Defendant did not file a motion for new trial, but filed a notice of appeal on April 3, 2024.

The Attorneys

Attorney for the Plaintiff:
Steven D. Davis Law Group, APC by Steven D. Davis and Tracy T. Davis, Culver City.
Attorney for the Defendant:
Doyle, Schafer, McMahon, LLP by Raymond McMahon, Irvine.

The Experts

Plaintiff’s Medical Expert(s):
Juris Bunkis, M.D., plastic surgery.
Defendant's Medical Expert(s):
Terry Dubrow, M.D., plastic surgery.

Facts and Background

Facts and Background:
Plaintiff sued defendant doctor for medical malpractice concerning cosmetic injections that he performed under her eyes with a permanent substance, Silikon 1000. This brand of Silikon was not FDA approved for use in the manner in which defendant performed the injections. Defendant is a family- practice physician in Laguna Beach and also operates a medi-spa where he performs cosmetic procedures.
Plaintiff's Contentions:
That Dr. Keel was not properly trained to perform this procedure. That injecting Silikon 1000 under the eyes was below the standard of care. That Dr. Keel used too much of the product.

As a result, plaintiff has permanent swollen nodules under each eye that cannot be corrected by ocular plastic surgery, despite attempts by Christopher Zoumalan, M.D. Her condition is now permanent. Plaintiff suffered an immediate adverse reaction (severe swelling under the eyes and discoloration from 2017 to the present) to the injection of August 21, 2017 and she began consulting a series of other dermatologists, plastic surgeons and ocular plastic surgeons. Each subsequent treating doctor was critical of Dr. Keel, his methodology and the use of silicone in this fashion.

Plaintiff must now indefinitely take high-powered anti-inflammatory medication (Humira) under the continual supervision of a rheumatologist to control her symptoms.
Defendant's Contentions:
That Dr. Keel was qualified to to give the Silikon 1000 injections. Also, that injecting Silikon 1000 under the eyes was within the standard of care. Further, that plaintiff intentionally exaggerated her symptoms.

Injuries and Other Damages

Physical Injuries claimed by Plaintiff:
Plaintiff has permanent swollen nodules, unpredictable inflammatory reactions and discoloration under each eye that cannot be corrected by treatment or surgery. She must remain on systemic anti-inflammatory drugs (Humira) under the care of a rheumatologist for life.

Special Damages

Special Damages Claimed - Past Medical: $15,675.00

Demands and Offers

Plaintiff §998 Demand: December 19, 2019 in the amount of $249,000.
Defendant §998 Offer: $15,000 in response to plaintiff's CCP 998.

Additional Notes

Pursuant to C.C.P. 998, plaintiff is claiming costs and interest in the amount of $207,040.08. It is anticipated that the final judgment will be entered in the amount of $472,715.08.