Couple sue St. Mary's Medical Center, surgeon for negligence during breast augmentation

HUNTINGTON - A woman and her husband are suing St. Mary's Medical Center and a surgeon for negligence during a breast augmentation surgery.

Dr. Michael R. Spindel was also named as a defendant in the suit.

Paula Bench was a 27-year-old mother of two young children and decided to have breast augmentation surgery to "enhance her appearance and her life with her husband," according to a complaint filed May 17 in Cabell Circuit Court.

Bench claims Spindel performed breast augmentation surgery at St. Mary's on Feb. 4, 2010, and almost immediately, Bench felt that something was wrong and returned to Spindel, who suggested corrective surgery at no charge.

On May 25, 2010, Spindel performed the corrective surgery, but failed to advise Bench that he had severed the chest wall muscle, according to the suit.

Bench claims the problems continued to worsen until she sought the opinion of another plastic surgeon, who diagnosed her with Symmastia and advised her that she would need the services of a highly trained surgeon.

The condition of Bench's breasts has significantly damaged her quality of life; caused her emotional suffering; loss of consortium with her husband; and has impacted her quality of life, according to the suit.

Bench claims the defendants were negligent and caused her to suffer injuries to her health, emotional well-being, loss of income and income earning ability.

Bench's husband, Marvin S. Bench, has suffered a loss of services, companionship, love, affection and a strain in the marital relationship as a direct result of the defendants' negligence, according to the suit.

Bench and her husband, Marvin S. Bench, are seeking compensatory damages with pre- and post-judgment interest. They are being represented by Susan J. Van Zant.

The case has been assigned to Circuit Judge F. Jane Hustead.

Cabell Circuit Court case number: 13-C-335