Morgan Co. woman sues plastic surgeon over ruptured breast

CHARLESTON - A Morgan County woman has filed a suit against a local plastic surgeon, after her right breast ruptured following breast augmentation from the doctor.

Tonya and David Dodd filed a personal injury lawsuit Oct. 25 in Kanawha Circuit Court against Huntington-based plastic surgeon Michael Spindel.

Tonya Dodd claims she went to Spindel on Oct. 24, 2000, for a breast augmentation. He performed the surgery using smooth round saline implants. Prior to the surgery, Dodd claims she was informed by Spindel and employees in his office that he was board certified in the field of plastic surgery.

Dodd had the surgery, but contacted the office several times between Oct. 24, 2000 and Dec. 14, 2005, complaining of pain, tingling, itching and hardness of her right breast. She also said her right breast was enlarging.

According to the suit, Dodd was examined by Spindel on Dec. 14, 2005, and told there was no problem with her right implant, but her left implant was leaking.

Between Dec. 14, 2005 and May 31, 2006, Dodd continued to suffer pain, itching and swelling of her right breast. The suit says by May 31, her right breast was also twice the size of her left, and approximately eight bubbles had appeared under the skin on her right breast.

She went to Spindel's office again, and was informed again that she had a slow leak in her left implant. Dodd claims Spindel recommended replacing her implants and directed her to have an appointment booked for sometime in the next few months.

"On June 24, 2006, while at her home, Mrs Dodd's right breast ruptured and drained a large amount of puss and fluid," the suit says.

Dodd was taken to the emergency room at Southern Ohio Medical Center where she was diagnosed with an abscess and infection of the right breast with implant migration, the suit says.

While at SOMC, Dodd underwent surgery to remove both of her implants.

"During the surgery it was found that the breast tissue on the entire medial aspect of the right breast was completely destroyed by an infectious process," the suit says.

As a result of the rupture, Dodd suffered severe deformity to her right breast area. She has been advised that significant constructive surgery will be required to rectify the deformity.

According to the suit, Dodd has been advised that the reconstructive surgery will negate her ability to bear children, which she and her husband intended on having.

"Plaintiffs have now been forced to accelerate their plans to have a child, including expending money for fertility medications, treatment and procedures," the suit says. "Further, Mrs. Dodd must wait to have the reconstructive surgery on her right breast until after she becomes pregnant and bears her next child."

In the three-count suit, Dodd claims Spindel was not board certified, which was misleading, because she relied on that information to make her decision to have the surgery.

David Dodd claims he has suffered a loss of consortium and services from his wife, and has had to perform duties he would not have to do if his wife had not been injured.

Tonya Dodd claims she suffered medical expenses, pain and suffering, scarring and disfigurement, emotional distress, annoyance and inconvenience and the loss of ability to enjoy life.

Tonya and David Dodd seek compensatory and punitive damages.

Attorney Brian L. Ooten is representing the Dodds. The case has been assigned to Judge James Stucky.

Kanawha Circuit Court case number 07-C-2308