A recent court filing reveals a shocking medical malpractice case that could have significant repercussions for the involved parties. On April 17, 2024, Heather Marie Fox-Sutek and her husband Peter P. Sutek filed a complaint in the Court of Common Pleas of Allegheny County, Pennsylvania, against Dr. James Fernau and Accent on Body Aesthetic Surgery and Medical Spa, LLC.
The lawsuit centers around an alleged unauthorized surgical procedure performed by Dr. Fernau on Heather Marie Fox-Sutek. According to the complaint, Mrs. Fox-Sutek initially consulted Dr. Fernau on December 28, 2022, for liposuction of her abdomen. During this consultation, Dr. Fernau suggested additional liposuction on her back and bra line and fat grafting to her breasts—recommendations that Mrs. Fox-Sutek agreed to proceed with.
However, the complaint alleges that Dr. Fernau's office note from the same visit included plans for fat grafting to Mrs. Fox-Sutek's buttocks—a procedure neither requested nor discussed with her. This discrepancy was not reflected in the estimate sent to Mrs. Fox-Sutek on December 29, 2022, which only mentioned liposuction and fat grafting to the breasts.
On February 17, 2023, Mrs. Fox-Sutek underwent surgery at Dr. Fernau's clinic as planned—or so she thought. The consent forms she signed did not include any mention of fat grafting to the buttocks or a Brazilian Butt Lift (BBL). Yet during surgery, Dr. Fernau allegedly performed these additional procedures without her consent.
Post-surgery complications were severe: Mrs. Fox-Sutek developed significant seromas in her abdomen and suffered physical pain and emotional distress due to the unwanted gluteal fat grafting surgery. By May 2023, it became evident that her abdomen was badly disfigured—a condition confirmed by photos sent to Dr. Fernau and his nurse Sheila.
Dr. Fernau recommended a revision surgery scheduled for July 21, 2023; however, this second procedure only exacerbated Mrs. Fox-Sutek’s condition rather than ameliorating it.
The plaintiffs are seeking compensatory and punitive damages against both defendants for negligence and lack of informed consent/medical battery among other claims. They allege that Dr. Fernau failed in his duty to provide adequate medical care by performing unauthorized procedures and failing to warn his patient about his true surgical intentions.
Additionally, they accuse Accent on Body Aesthetic Surgery and Medical Spa of vicarious liability for employing Dr. Fernau who acted negligently under their purview.
Represented by attorney Ernest J Pribanic from Pribanic & Pribanic LLC., the plaintiffs demand judgment in excess of what can be awarded by arbitration boards due to the severity of injuries sustained—including permanent disfigurement—and seek relief including past present future medical expenses wage loss emotional distress among others.
Judge presiding over this case is yet unknown but has been assigned Case ID G.D.-24-.