CHARLESTON – A Kanawha County judge has awarded a woman more than $1 million after she claimed a botched breast augmentation at a spa left her with permanent scarring and disfigurement.
Patty Michele Kirk filed her complaint in December in Kanawha Circuit Court against Beauty & Beastmode LLC, Jennifer Trimble and Andrew Lehane. Lehane and Trimble both live in Roane County, according to Circuit Judge Duke Bloom’s June 28 judgment order.
The complaint says Trimble and Lehane are agents of the company and actively engaged in the marketing, advertising and promotion of illegal medical services at Beauty & Beastmode.
Bloom
| File photo
Kirk says she went to the business on July 8, 2022, for noninvasive liposuction and noninvasive breast augmentation. She says Trimble negligently and recklessly injected Sculptra and filler into her breasts.
“At no time did defendants Trimble and Lehane have the requisite education, training and experience to perform invasive medical procedures upon patients at defendant Beauty & Beastmode,” the complaint states.
Soon after the procedure, Kirk says she developed a serious infection in her breasts requiring urgent medical attention. She says she has suffered severe and permanent injuries, including scarring and disfigurement.
Kirk accused the defendants of negligent and reckless misconduct. She seeks compensatory damages for past and future medical bills, mental and physical pain and suffering, lost wages, loss of enjoyment of life, indignity, embarrassment, humiliation, annoyance, shame and inconvenience.
In his order, Bloom says the defendants were properly served with the summons and complaint but failed to appear or otherwise defend themselves. Bloom then entered default against them on February 28 and scheduled a writ of inquiry to ascertain Kirk’s damages.
Bloom found Kirk proved by a preponderance of evidence she did sustain injuries and awarded her $6,148.14 for medical expenses as well as $500,000 for pain and suffering and an additional $500,000 for scarring and disfigurement for a total of $1,006,148.14 plus court costs and post-judgment interest until paid in full.
She was represented by Ben Salango and Christian Huffman of Salango Law in Charleston.
“We’re pleased with the judge’s award, and we hope this serves as warning to others who want to perform medical procedures without a license and without training,” Salango told The West Virginia Record.
Kanawha Circuit Court case number 22-C-984
