Medical Malpractice
Chase v. Huyla Aesthetics and Wellness
This medical malpractice claim was filed in Howard County after staff at Glen Burnie Health and Rehabilitation Center failed to provide adequate wound care. It was filed in Health Claims Arbitration on February 27, 2018, and it is the 99th medical malpractice case filed in Maryland this year.
Summary of Plaintiff’s Allegations
A woman’s doctor referred her to get a Botox injection above her eyebrow to lift her eyelash out of her field of vision. She was having problems with a shadow that fell over her eye sometimes while driving.
The procedure was performed at Huyla Aesthetics and Wellness, which has since changed its name to Nuvo Aesthetics and Wellness. The next morning, the woman woke up with her eyes swollen shut, blurry vision, and pain. She immediately called her doctor, who said the Botox may have traumatized a nerve or gotten into her eye.
The woman then went to her ophthalmologist, who believed that the Botox injection may have permanently damaged her vision. The ophthalmologist prescribed supplements to address the inflammation.
The swelling went away with time, but the woman was left with permanent blurring in her left eye and a complete loss of her peripheral vision. Her eyes no longer appeared symmetrical and she continued to have sporadic pain in her left eye. She later underwent surgery in an attempt to restore her peripheral vision but it only made a slight improvement.
Additional Comments
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The “doctor” who performed the Botox injection procedure was apparently fined by the state of Maryland for practicing medicine without a license. She has been sued by other patients for her negligent practice, and she moved her offices from Clarksville to Fulton, changing the name to Nuvo Aesthetics and Wellness.
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Allegan, the company that owns Botox, warns medical personnel never to use Botox under the eyebrow because it is such a sensitive area.
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There are few medical malpractice cases involving Botox and we have never seen a vision disturbance case. Plaintiff’s problem in this case is that her ophthalmologist thinks Botox “may” have been the cause of her injuries. The guess here it will be difficult to link up the Botox and the vision loss and pain. That is not to say that it is not related because it very well could be. But I think most doctor are going to say it “could” be a cause as opposed to saying there is a 51% chance it is the cause. What plaintiff will need to advance the ball in this case is to find any expert to say it is more likely than not that the negligent injection caused this eye injury.
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Botox related malpractice lawsuit may increase as doctor prescribe more and more off-label uses for Botox. There are reports of movie stars using Botox under their arms so they do not sweat.
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As we have talked about many times in analyzing these cases, it is extremely difficult in Maryland to put on a malpractice case without a lawyer. This is a case that will require multiple experts to get to trial.
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The other big question is whether the defendant has malpractice insurance.
Jurisdiction
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Howard County
Defendants
- Huyla’s Aesthetics and Wellness, LLC
- Huyla Daniels
Negligence
- Failing to obtain informed consent.
- Failing to heed the warnings and recommendations for Botox issued by the company Allegan.
- Failing to appropriately perform a Botox injection procedure.
- Failing to refer the claimant to an appropriate specialist.
Specific Counts Pled
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As a result of the defendants’ negligence, the claimant suffered permanent blurring in her left eye, a complete loss of peripheral vision, and disfigurement.
Getting a Lawyer for Your Malpractice Claim
Have you suffered a hospital injury due to the negligence of a doctor? Miller & Zois can help you. Call us at 800-553-8082 and speak to one of our medical malpractice attorneys who can help you or get an online case review.
More Malpractice Claim Information
- Read more about cosmetic surgery malpractice lawsuits.