Fatal facelift: Family lawsuit will begin next month

THE multi-million-dollar lawsuit being taken by the family of a Limerick woman who died after undergoing a facelift by a discredited US plastic surgeon will open in the New York Supreme Court on February 21, the family’s lawyer revealed last night.

Kay Cregan, 41, who lived in Croom, Co Limerick, died after undergoing surgery at the Manhattan clinic of Dr Michael Evan Sachs on March 14, 2005.

She collapsed in a recovery room in his clinic and died on St Patrick’s Day having been transferred to the nearby St Luke’s Roosevelt Hospital.

Her husband Liam, who had rushed to her bedside from Limerick, was present when the life support machine was turned off.

The couple have two young sons, Brian and Eoin, both aged less than 10 years.

Ms Cregan was a senior executive with Limerick City Council.

Dr Sachs had been involved in more than 30 malpractice cases since 1995.

At the time of Ms Cregan’s death, Dr Sachs, who was dubbed “Dr Botch” by New York journalists due to the number of lawsuits filed against him, was under certain restrictions imposed by the New York State Board for Professional Misconduct at the time of the operation.

The sanction was imposed on Dr Sachs in 2004 after he admitted a charge of professional misconduct.

Relatives of the late Ms Cregan said she was unaware of the surgeon’s track record and if she had been aware of it, she would not have let him carry out the procedure.

She paid Dr Sachs $32,000 for a nose job and facelift.

Last night, speaking exclusively to the Irish Examiner, lawyer Thomas Moore said there is no cap on damages in New York.

“We will be looking for quite a bit of money. We are talking in the millions of dollars at least. Parental loss to children is regarded in cases such as this as a very significant matter,” he said.

Mr Moore, who is a native of Waterford, is suing on behalf of three plaintiffs, the dead woman’s husband, Liam, and their two sons.

Mr Moore said after the court process gets under way on February 21, a judge will be appointed and a jury of six will decide the case.

“The jury will have to decide on two central issues, negligence and medical malpractice and what damages are to be awarded. At the end of the trial the judge will submit a written question to the jury as to deviation from acceptable practice and the jury answers this written question,” said Mr Moore.

Depending on the verdict the jury will then be asked about monetary damages for the loss, with no upward limit.

The damages would be assessed on the loss of a wife and mother of two young children coupled with the pain and suffering Kay endured before her death.

Mr Moore said the economic loss of Kay to the family would also be part of an assessment for damages.

He expects the trial to take two to three weeks and is hopeful it will go to a full hearing before the summer.

A trial date will be fixed when the matter is opened in court on February 21.

While Dr Sachs is the main defendant, an anaesthetist and nurse are also named as defendants in the lawsuit.