CHARLESTON — Several defendants are denying allegations against them and want two lawsuits dismissed from federal court.
BioTE Medical, Dr. William Jarrod Chapman, Living Well Medical Center were named as defendants in both suits. One of the suits also names Drs. Krajekian, Brock, Henderson, Di Prisco & Ravelo Inc., which is doing business as The Facial Center, as a defendant.
Chapman and Living Well argued that Richard Adkins' injuries and damages, if any, were the proximate result of natural disease processes, accidental injuries and/or illnesses and not the negligence of defendants, their agents, servants and employees.
Chapman and Living Well argue that they acted within the applicable standard of care in their treatment of the plaintiff.
"If Plaintiff has been damaged, which Defendants specifically deny, any recovery by the Plaintiff is barred to the extent that Plaintiff voluntarily exposed himself to a known risk and/or failed to mitigate his damages," Chapman and Living Well claim. "To the extent that Plaintiff failed to mitigate his alleged damages, any recovery shall not include alleged damages that could have been avoided by reasonable care and diligence."
In the second lawsuit, The Facial Center argued that it, too, felt a lawsuit alleging medical negligence needed to be dismissed.
In that lawsuit, The Facial Center wants the punitive damage claims made by Stacey A. Jeffries and Randall A. Jeffries to be dismissed.
"Plaintiffs’ allegations against TFC are insufficient for punitive damages recovery," the Feb. 16 answer states. "Plaintiffs fail to state with specificity any basis upon which an award of punitive damages could be founded. Specifically, there is no factual allegation or predicate for punitive damages recovery as to TFC in any averment in the Amended Complaint."
Discovery and investigation may reveal that additional defenses are or should be available to The Facial Center and it reserves the right to assert those separate and additional defenses.
In his lawsuit, Adkins argues that he received hormone therapy and at each session, he received abnormally high levels of Testosterone and Estrogen in his blood. Later, he discovered a mass in his breast and was diagnosed with breast cancer.
Adkins claims the defendants were negligent in their care of him and their actions were a direct result from training and instruction they received from BioTE.
Stacey Jeffries also received hormone replacement therapy and during sessions, Stacey Jeffries was given testosterone and/or estradiol. Stacey Jeffries was only given two of the three hormones she needed and she experienced abnormally high levels of estradiol and testosterone in her blood.
Stacey Jeffries was diagnosed with estrogen-positive breast cancer in 2019 due to the improper, inappropriate, unsafe and unnecessary hormone therapy that she received.
The plaintiffs are seeking compensatory and punitive damages. They are represented by Brian J. Headley of Headley Ballard in Daniel Island, S.C.
Chapman and Living Well are represented by Amy Rothman Malone of Flaherty Sensabaugh Bonasso in Charleston.
The Facial Center is represented by Lee Murray Hall and Charlotte A. Hoffman of Jenkens Fenstermaker in Huntington.
U.S. District Court for the Southern District of West Virginia case number: 2:21-cv-00635, 2:21-cv-00636
