HOUSTON – A plastic surgeon who was sued for allegedly botching a woman’s breast lift procedure failed to have the claims against him dismissed on appeal.
In 2020, Tenille Carroll filed suit against Dr. Anthony Nikko and the Nikko Cosmetic Surgery Center, alleging that the defendants failed to follow the agreed surgical plan and failed to perform a mastopexy.
In her lawsuit, Carroll alleges that in April 2018 she visited the center to have her “aged” breast implants removed and for a breast lift.
However, Nikko actually performed a breast reduction procedure on her, leaving her old implants in place and removing a “significant” amount of her natural breast tissue.
Carroll also claims Nikko removed a disproportionate amount of tissue from each breast, leaving her with asymmetrical breasts.
To support her claims, Carroll served the defendants with an expert report, which Nikko argued was inadequate.
The defendants moved to have the health care liability claim dismissed but the trial court denied the motion, court records show.
On appeal, Nikko and the center argued the trial court erred because the expert report does not adequately address the standard of care, breach and causation.
On July 22, the First Court of Appeals affirmed the trial court’s decision, concluding that the report represents a good-faith effort to inform Nikko and the center of the causal relationship between the failure to provide care in accordance with the pertinent standards of care and the injuries and damages claimed.
Nikko and the center are represented by Houston attorneys Wesson Tribble and Monica Vaughan.
Houston attorney James Blackwell III represents Carroll.
Appeals case No. 01-20-00752-CV