Doc files amended answer in malpractice suit

John Suayan, Galveston Bureau Apr. 17, 2012, 8:00am

John Strawn Jr. of Strawn Pickens LLP in Houston

GALVESTON - A Houston plastic surgeon entered a revised version of his original answer to a Jefferson County woman's medical malpractice lawsuit against him.

Dr. Garry Wayne Killyon, along with Fort Bend Surgery Center Inc. and East Side Surgery Inc., is being sued by Mary Kay Langham over an allegedly botched breast reduction surgery two years ago.

Langham's suit, filed Nov. 18 before the Galveston County 405th District Court, asserts that she underwent three unsuccessful surgical procedures in an effort to reduce the size of her breasts.

The original petition states that Killyon, doing business as Excel Center for Cosmetic Change, expected to remove about 500 grams of breast tissue, but extracted only 200 grams instead.

Langham explains that she was discharged without any drains in her breasts, but later visited Dr. Killyon days later in response to hematomas and the separation of skin at the surgical site.

She had another operation performed at FBSC, but when that procedure proved problematic, she was hospitalized and ordered to undergo the third and final surgery, the suit says.

According to Langham, the ordeal left her "permanently injured and grossly disfigured."

Killyon submitted his first formal response on Dec. 27, 2011, invoking "his legal right to a reduction of any dollar verdict which may be rendered in this cause by credit for payments made by other persons or entities or by percentage reductions to which this defendant would be entitled as a result of jury findings against other persons or entities."

His first amended answer, filed March 29, states that he "specifically denies that he is doing business under an assumed name or trade name as alleged."

He is represented by Strawn Pickens LLP.

Case No. 11-cv-1839

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