Sheila Trexler (retired 2017) secured a dismissal for her clients on claims of medical negligence, breach of contract, and assault and battery by winning a Motion for Summary Judgment.  As a result, the action was dismissed in its entirety and the defendants are entitled to seek recovery of costs.

Plaintiff claimed he developed blistering on his neck and chest following IPL laser treatment.   He said he was not adequately advised of the risks of IPL laser treatment, including potential burning and scarring.  The defense demurred to the initial claim for medical negligence because it was untimely; however, the Court afforded Plaintiff an opportunity to amend.  Plaintiff attempted to plead around the statute of limitations by labeling the incident as breach of contract and assault and battery.

The defense motion argued that each cause of action was barred by the applicable one- and two-year statutes of limitations.  The defense objected to Plaintiff’s retained standard of care and causation expert’s opposing declaration because he did not prove he was familiar with the applicable California standard of care.  Plaintiff’s expert did not show he had ever performed IPL laser treatments.  His opinions were conclusory and lacked any factual basis.

The defense expert and treating healthcare declarations showed that the IPL laser treatment was reasonable and complied with the standard of care.  The defense also presented evidence that extensive written consents were provided, delineating the potential risks of burns, scarring and/or hypopigmentation.

The Court ultimately agreed with her argument and ruled that Plaintiff’s causes of action were barred by statute of limitations.  The Court also granted the Motion on the merits, concluding Plaintiff failed to meet his burden because there was no question of material fact regarding Defendants violating the standard of care.

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