Plastic Surgery Inc. was also named as a defendant in the suit.
In September 2013, Melissa I. Burge was diagnosed with cancer of the right breast and was referred to Mueller with PSI to discuss reconstructive options. On Sept. 25, 2014, Burge first consulted with Mueller regarding immediate and delayed reconstruction options, according to a complaint filed Jan. 11 in Ohio Circuit Court.
Burge claims the defendants were on notice of the likelihood that she would undergo post-operative radiation treatment for the large sized, multi-quadrant tumor previously diagnosed in her right breast.
In October 2013, Burge underwent expander reconstruction and, at that point, Mueller articulated that the standard care of treatment of an infected breast implant was that if she would get an infection, the implants would immediately come out and would stay out for at least one year before starting over, according to the suit.
Burge claims the expander implant relies on the blood supply in the breast itself for healing and that radiation treatment for breast cancer interferes with the breast’s small vessel blood flow, the ability of the breast tissue to stretch or otherwise expand to accommodate the implant and ultimately the healing process.
Given the size of the implant and the likelihood of post-operative radiation treatment, Mueller’s chosen course of treatment placed Burge at an increased risk for wound dehiscence, exposure of the implant, infection and, ultimately, the loss of the implant itself, according to the suit.
Burge claims on Oct. 7, 2013, she underwent a right breast simple mastectomy, right axillary sentinel node biopsy times two, a right radical axillary lymph node dissection and left simple mastectomy.
Beginning on Oct. 31, 2013, Mueller and Bush began expanding the size of Burge’s right implant, and the expansions continued into February 2014, when the implants were expanded to 800cc, according to the suit.
Burge claims given the evidence that her radiation treatment had impeded the ability of the breast tissue or otherwise to expand, Mueller’s decision to use 800cc implants was a deviation from the standard of care.
On Dec. 16, 2014, Burge’s right implant began to show signs and symptoms of infection and, on Jan. 28, 2015, she reported increased pain from the redness to the right breast after her scab came off and, the following day, she presented with “cellulitis over a good portion of the right breast mound and extending across the midline over onto the lift.” The scab had separated and she had a pending implant exposure.
Burge claims on Jan. 30, 2015, Mueller operated and removed the implant, however, instead of completing removing it for one year, as previously stated, he irrigated the pocket, soaked the implant in antibiotic solution and then replaced it.
In a clearly infected wound, as was Burge’s, the foreign body should have been removed as it would prevent healing, according to the suit.
Burge claims by Feb. 24, 2015, her implant was exposed again and she reported to Mueller. She claims in March 2015, she reported that it was oozing and, by April 5, 2015, she was diagnosed with right upper extremity lymphedema.
On April 30, Mueller performed another surgery on Burge and she continues to receive medical care and treatment as a result of the defendants negligent acts and omissions, according to the suit.
Burge is seeking compensatory and punitive damages. She is being represented by Kathy A. Brown of Kathy Brown Law; and Timothy D. Houston of Houston Law.
Ohio Circuit Court case number: 17-C-8
