Case Description: Teri P. was an adolescent high-school student with concerns about her acne. She was taken to a dermatologist who prescribed a medication called Amnesteem (a generic form of Accutane). Although somewhat rare, instead of lessening her acne, the acne became significantly worse. Proper treatment would have been to discontinue the medication and/or prescribe antibiotics and steroids. Unfortunately, Teri’s doctor was unfamiliar with this complication called a “flare”. His opinion was that the flare was a good sign of healing and, instead of backing off of the medicine, he increased the prescription. Also, this medication has several very important administration rules having to do with, for example, taking it with food and dosing requirements tied to the patient’s weight. He never once weighed Teri—not at the time of the original prescription or at the times when the prescription was increased. Although her appearance became worse throughout the treatment, Teri testified that the doctor was so confident that the medication was working that she had faith in his decisions and followed his instructions.
Injuries and Treatment: A multiple month delay in recognizing the problem resulted in permanent facial scarring. The subsequent-treating doctor explained that, in effect, the tissue between the skin on Teri’s face and her skull had melted away. Treatment included procedures where the doctors would remove fat from Teri’s rear end and legs, purify it and inject it into the space between her skull and the skin of her face and forehead. The reconstructive surgeon would also perform laser procedures to tighten the skin across the newly injected fat. After 7 surgeries, permanent scarring still appears across Teri’s face. In addition to Teri’s treating doctors, doctors acting as expert witnesses also testified. The required standard of care, it was explained, was to recognize the flare, stop the medication and prescribe antibiotics and/or steroids to stop (and try to reverse) the damage.
Damages: There were approximately $100,000 in medical expenses and the projected need for treatment in the future was minimal. There is simply not much else that can be done to improve Teri’s appearance.
Plaintiff Demographics: This case involved an 18 year old girl who, by the time of trial, had just finished high school and had begun college.
Results: Brett Oppenheimer’s legal team took this case to trial. A Warren County, KY jury returned a verdict for Teri in an amount just over $2,000,000.00. The verdict enabled Teri to continue in college without concerns about the finances. She also ended up with sufficient money to know that any treatment necessary in the future will be available to her. While Teri cannot significantly alter the damage done to her skin, she has moved on with her life and continues to further her education.
