___________________________________________________________________________________I
`
`Filing # 133848168 E-Filed 09/01/2021 01:03:52 PM
`
`IN THE CIRCUIT COURT OF THE 1 1TH
`JUDICIAL CIRCUIT IN AND FOR
`MIAMI-DADE COUNTY, FLORIDA
`
`GENERAL JURISDICTION DIVISION
`
`CASE NO.:
`
`TOSHA WHARTON and JONATHAN
`WHARTON, her husband
`
`Plaintiff
`
`vs.
`
`GUIRIBITEY COSMETIC & BEAUTY
`INSTITUTE, INC. d/b/a CG COSMETIC
`SURGERY, ALFRED SOFER, M.D., and
`ALFRED SOFER MD CORP
`
`Defendants
`
`COMPLAINT FOR DAMAGES
`
`Plaintiffs, TOSHA WHARTON and JONATHAN WHARTON, her husband
`
`sue the Defendants, GUIRIBITEY COSMETIC & BEAUTY INSTITUTE, INC. dlbla CG
`
`COSMETIC SURGERY, ALFRED SOFER, M.D. and ALFRED SOFER MD CORP and
`
`allege as follows:
`
`GENERAL ALLEGATIONS
`
`1.
`
`2.
`
`This is an action for personal injuries and damages in excess of Thirty
`
`Thousand ($30,000.00) Dollars and within the Court’s jurisdiction.
`
`At all times material the Plaintiff, TOSHA WHARTON was and is sui juris
`
`and at all times material her spouse JONATHAN WHARTON was and is
`
`sui juris. They were and are legally married at all times material.
`
`

`

`3.
`
`The Plaintiffs have met all conditions precedent to bringing this cause of
`
`action including official presuit notice as required by Florida Statutes with
`
`an expert’s Affidavit. Attached hereto is a copy of the Notice of Intent
`
`Letters with the Certified Return Receipts as Exhibit “1” received by each
`
`of the Defendants herein.
`
`4.
`
`Plaintiffs’ counsel has conducted a review of the facts of the underlying
`
`cause of this action and affirms that there is a good faith reasonable basis
`
`for bringing this action against each of the Defendants.
`
`5.
`
`On or about March 12, 2019 Plaintiff TOSHA WHARTON underwent
`
`surgery by Alfred Sofer, M.D. who performed a mastopexy with silicone
`
`breast implants and abdominoplasty with liposuction. The surgery was
`
`performed at the Defendant GUIRIBITEY COSMETIC & BEAUTY
`
`INSTITUTE, INC. d/b/a CG COSMETIC SURGERY (hereinafter referred
`
`to as CG COSMETIC SURGERY).
`
`6.
`
`TOSHA WHARTON presented to CG COSMETIC SURGERY twice for
`
`follow-up evaluation and care post operatively.
`
`COUNT I
`
`AS AND FOR A CAUSE OF ACTION AGAINST THE
`DEFENDANT CG COSMETIC SURGERY
`
`7.
`
`8.
`
`The Plaintiff repeats and realleges those allegations set forth in the
`
`General Allegations paragraphs 1 through 6
`
`At all times material the Defendant, GUIRIBITEY COSMETIC & BEAUTY
`
`INSTITUTE, INC. d/b/a CG COSMETIC SURGERY was and is a
`
`

`

`corporation doing business as CC COSMETIC SURGERY, a surgery
`
`center in Miami-Dade County, Florida.
`
`9.
`
`The Defendant CG COSMETIC SURGERY agreed to provide care and
`
`services to TOSHA WHARTON including follow-up care and evaluation
`
`post operatively.
`
`10.
`
`At all times material the Defendant CG COSMETIC SURGERY owed
`
`TOSHA WHARTON the duty of providing appropriate care and surgical
`
`follow-up in accordance with the accepted standard of care for similar
`
`health care providers in Miami-Dade County, Florida and other large cities.
`
`The Defendant employed nurses, physician’s assistants, nurse
`
`practitioners and other health care providers to meet the aforementioned
`
`duty.
`
`11.
`
`The Defendant’s duty to provide appropriate care to the Plaintiff is a non
`
`deleg able duty. Defendant has vicarious liability for the negligent acts and
`
`omissions of its employees, agents, independent contractors and apparent
`
`agents with reference to the care provided to TOSHA WHARTON
`
`12.
`
`TOSHA WHARTON developed serious post-surgical complications
`
`including wounds, infection, loss of circulation and other problems. She
`
`conveyed the details of these problems to the Defendant through repeated
`
`communications via live visits, phone conversations, electronic
`
`communications, emails and photographs.
`
`13.
`
`The Defendant breached its duty and through its agents and employees
`
`negligently failed to provide appropriate care by:
`
`

`

`a.
`
`b.
`
`c.
`
`d.
`
`Negligently failing to provide proper post-surgical care;
`
`Failing to appropriately assess and evaluate her post-surgical
`
`complications;
`
`Failing to appropriately and timely notify the operating surgeon of
`
`her post-operative complications;
`
`Failing to provide follow-up care or to assist the Plaintiff in obtaining
`
`proper follow-up care;
`
`e.
`
`Failing to provide or secure proper treatment for her post-operative
`
`complications;
`
`f.
`
`By being otherwise negligent.
`
`14.
`
`As a direct and proximate result of the aforementioned negligence,
`
`Plaintiff developed permanent and significant scarring and disfigurement,
`
`loss of circulation, infection, loss of her nipple and areola. She sustained
`
`the costs of medical care, pain and suffering, aggravation of pre-existing
`
`conditions, loss of capacity to enjoy life in the past and in the future. She
`
`underwent additional surgeries to her wounds. She sustained loss of
`
`income and loss of ability to earn money in the future. Her injures are
`
`ongoing and permanent and she will continue to sustain such damages in
`
`the future.
`
`15.
`
`As a direct and proximate result of the aforementioned negligence of the
`
`Defendant, TOSHA WHARTON’S husband JONATHAN WHARTON
`
`sustained the loss of his wife’s support, companionship, consortium and
`
`will continue to do so in the future.
`
`

`

`16.
`
`This Defendant failed to comply with Florida Statute §766.203(2) and
`
`failed to submit a verified written medical expert opinion from a medical
`
`expert corroborating reasonable grounds for lack of negligent injury by this
`
`Defendant. Appropriate sanctions including striking of Defendant’s
`
`pleadings should be invoked.
`
`WHEREFORE Plaintiffs request judgment in their favor for damages and costs
`
`and request trial by jury.
`
`COUNT II
`
`AS AND FOR A CAUSE OF ACTION AGAINST THE
`DEFENDANT ALFRED SOFER, M.D., AND
`ALFRED SOFER MD CORP
`
`17.
`
`Plaintiffs reallege those allegations set forth in paragraphs 1 through 6 of
`
`the General Allegations.
`
`18.
`
`At all times material the Defendant ALFRED SOFER, M.D. was and is
`
`a medical doctor licensed to practice medicine in the State of Florida and
`
`practicing as a Plastic Surgeon in Miami Dade County, Florida.
`
`19.
`
`At all times material DR. SOFER practiced as a principal and or employee
`
`of ALFRED SOFER MD CORP a Florida corporation. As such the
`
`corporation is vicariously responsible for DR. SOFER’S negligence.
`
`20.
`
`After her surgery on or about March 12, 2019, Plaintiff TOSHA
`
`WHARTON suffered serious complications.
`
`21.
`
`At all times material the Defendant ALFRED SOFER, M.D. owed the
`
`Plaintiff TOSHA WHARTON the duty of providing appropriate medical
`
`care and supervision in accordance with the accepted standard of care for
`
`

`

`similar health care providers in Miami-Dade County, Florida and other
`
`similar locales.
`
`22.
`
`The Defendant’s duty to provide appropriate care to the Plaintiff is a non-
`
`delegable duty. Defendant has vicarious liability for the negligent acts and
`
`omissions of his employees, agents, independent contractors and
`
`apparent agents with reference to the care and lack of care provided to
`
`TOSHA WHARTON.
`
`23.
`
`The Defendant ALFRED SOFER, M.D. breached his duty and negligently
`
`failed to provide appropriate care by:
`
`a.
`
`b.
`
`c.
`
`d.
`
`e.
`
`Negligently failing to follow-up, examine and evaluate TOSHA
`
`WHARTON appropriately post-surgically;
`
`Failing to communicate with the Defendant CG COSMETIC
`
`SURGERY so as to properly and appropriately learn of, assess and
`
`evaluate his patient’s post-surgical condition and complications;
`
`Failing to provide appropriate necessary post-surgical care;
`
`By in essence abandoning his patient;
`
`By failing to provide appropriate follow-up care or to assist his
`
`patient in obtaining and receiving appropriate care when she left
`
`Miami-Dade County, Florida.
`
`f.
`
`Being otherwise negligent.
`
`24.
`
`As a direct and proximate result of the aforementioned negligence,
`
`Plaintiff developed permanent and significant scarring and disfigurement,
`
`loss of circulation, infection, loss of her nipple and areola. She sustained
`
`

`

`the costs of medical care, pain and suffering, aggravation of pre-existing
`
`conditions, loss of capacity to enjoy life in the past and in the future. She
`
`underwent additional surgeries to her wounds. She sustained loss of
`
`income and loss of ability to earn money in the future. Her injures are
`
`ongoing and permanent and she will continue to sustain such damages in
`
`the future.
`
`25.
`
`As a direct and proximate result of the aforementioned negligence of the
`
`Defendant, TOSHA WHARTON’S husband JONATHAN WHARTON
`
`sustained the loss of his wife’s support, companionship, consortium and
`
`will continue to do so in the future.
`
`WHEREFORE Plaintiffs request judgment in their favor for damages and costs
`
`and request trial by jury.
`
`Dated this 1st day September, 2021.
`
`By:
`
`Is! Jeffrey S. Hirsh
`Email: agarciagoIdberghirshpa.com
`Florida Bar Number: 207810
`GOLDBERG & HIRSH, P.A.
`Attorneys for Plaintiff
`One Southeast Third Avenue
`Miami, Florida 33131
`Telephone (305) 372-9601
`Telefax (305) 372-2323
`
`

`

`EXHIBIT “1”
`
`EXHIBIT "1"
`
`

`

`SENDER:COMPLETE THIS SECTION
`
`COMPLETE THIS SECTION ON DELIVERY
`
`-
`
`I Complete items 1 2, and 3. Also compieie
`item 4 if Restricted Delivery Is desired.
`• Print your name and address on the reverse
`so that we cart return the card to you.
`a Attach this card to the back of the maliplece,
`or on the front if space permits.
`1 .leAddr<
`
`A. Signature
`
`B. Received by (Pfi
`
`t Name)
`
`çci.Y
`
`0 Is delivery address different from item I C Yes
`C N
`If YES, enter delivery address below:
`
`gent
`Address
`ate o Dell e
`
`C.
`
`ilT
`
`cL//4
`4cj 5).3 7fr 42/
`-‘1 Ia2r,J, 7/ 3/33
`
`3. ServIce Type
`>srtifId Mall® C P orltv Mail Express”
`C Registered
`urn Receipt for Merohandlt
`C Insured Mall
`C Collect on Delivery
`4. Restricted Delivery? (Extra Fee)
`C Yes
`
`‘80 0003 1106 281J
`PS Form 381 1, July 2013
`
`DomestIc Return Receipt
`
`SENDER: COMPLETE THIS SECTION
`
`COMPLETE THIS SECTION ON DELIVERY
`
`a Complete items 1, 2, and 3: Also complete
`item 4 If Restricted Delivery Is desired.
`a Print your name and address op the reverse
`so that we can return the card to you.
`a Attach this card to the back of the maliplece,
`or onihefront if space permits.
`
`.
`
`1. Article Addressed to:
`
`r/’ii’d
`
`e/ 32/
`1g
`/ j 5/3.3
`
`—712 .4P1.L1)
`
`D.
`
`j
`
`A. Signature
`
`11
`4\gent
`- Address
`C. bate of Delve
`
`.
`
`‘._ 4. i1
`
`I
`I
`‘-‘iT
`1
`I
`J
`B. ec Ived by (Prin ci Name)
`‘-‘I
`Is delivery address different from em 1? C Ye
`C No
`If YES, enter delivery address below:
`
`3. Service Typ
`‘rlOrIty Mail Express”
`ertifled Mall®
`C Registered
`urn Receipt for MerohandI
`C Colleoton Delivery
`C Insured Mail
`4. Restricted Delivery? (Extra Fee)
`Q Yes
`
`.
`
`7010 780 0003 1106 p796
`PS Form 381 1
`DomestIc Return ReceIpt
`July 2013
`
`H
`
`I Complete items 1, 2, and 3. Also complete
`item 4 if Restricted Delivery Is desired.
`I Print your name and address on the reverse
`so that we can return the card to you.
`I Attach this card to the back of the mailpiece,
`or on the front if space permits
`
`.
`
`c,
`
`i
`“b”
`
`.
`
`A. Signature 7
`
`“.-
`
`.
`
`B. Received
`
`I
`
`.
`
`‘-‘
`
`‘ia,, C Agent
`C Address
`‘3Cei’dd .
`1EIc Dtof Delive
`- A’ fEIr:r.ygc:
`- Fl ‘
`D. Is delivery address different from item 1? C
`C No
`If YES, enter delivery address below:
`
`,
`
`.èrtifled Mail® 0 PriorIty Mall Express
`C Registered
`Receipt for Merchandl
`C Insured Mail
`C Collect on Delivery
`4. Restricted Dellverf?,(&tra Fee)
`C Yes
`
`-.
`
`PS Form 3811, July 2013
`
`0003 1106 277
`Domestic Return Receipt
`
`..
`
`

`

`Suntrust International Center
`Suite 3020
`One Southeast Third Avenue
`Miami, Florida 33131
`
`Telephone 305.372.9601
`Facsimile 305.372.2323
`Toll-Free 888.200.8508
`
`www.goldberghirshlaw.com
`
`Goldberg I
`
`Hirsh, P.A.
`
`ATTORNEYS AT LAW
`
`Sidney A. Goldberg
`sgold berg @ goldberg hi rsh pa .com
`
`Jeffrey S. Hirsh
`Board Certified Civil Trial Attorney
`jhirsh@goldberghirshpa.com
`
`January 22, 2021
`
`CERTIFIED RETURN RECEIPT REQUESTED
`Alfred Sofer, M.D.
`CG Cosmetic Surgery
`2601 S.W. 37th Avenue
`Suite 100
`Coral Gables, FL 33133
`
`Consulting Services of South Florida, Inc.,
`Registered Agent for
`Guiribitey Cosmetic & Beauty Institute, Inc.
`dibla CG Cosmetic Surgery
`2601 SW 37th Ave.
`Suite 100
`Miami, Fl 33133
`
`Re:
`
`Tosha Wharton
`
`NOTICE OF INTENT TO INITIATE LITIGATION FOR MEDICAL MALPRACTICE.
`
`Dear Dr. Sofer:
`
`This law firm is acting on behalf of Tosha Wharton in connection with a claim
`against you for medical malpractice arising out of your negligent care and treatment of’
`Tosha Wharton.
`
`This letter is sent to you pursuant to the requirements of Section 766.106(2), Florida
`Statutes. This is notice to you of the intention of our clients to initiate litigation for medical
`malpractice. Under the foregoing statute, we are precluded from bringing suit againt you
`for a peridck of ninety (90) days.
`
`During that 90-day period you and your insurer are required to conduct a review of
`this matter. Accordingly, you are to contact your insurance company, forthwith, so that the
`full 90 day period can be utilized for the purpose intended.
`
`

`

`Enclosed is the affidavit from our expert, James Apesos, M.D. corroborating that
`there are reasonable grounds to believe that you were negligent in your care and treatment
`of Tosha Wharton. We are enclosing copies of records reviewed by our expert. These are
`all records in our possession:
`
`a.
`b.
`c.
`
`CG Cosmetic Surgery/Dr. Alfred Sofer
`Color Photographs
`The Cosmetic Clinic at Plastic Surgery Pavilion
`
`Pursuant to §766.106(2) and §766.205, Florida Statutes, we also enclose our Request
`for Informal Discovery. Please provide full and complete answers to the Informal Discovery
`promptly.
`
`Our evaluation of this matter based on the information available to us at this time,
`suggests that the claim against you is for your liability in the care and treatment of Tosha
`Wharton which fell below the minimum acceptable standard of care. Following
`Mrs. Wharton’s surgery it was your duty to either provide follow-up care or transfer her to the
`care of a qualified physician to provide adequate follow-up care. The failure of proper care
`resulted in the necessity for extended wound care, emergency hospital visits, treatment for
`tissue necrosis and infection resulting in the partial loss of her left nipple. Your failure to timely
`provide follow-up care resulted in complications and permanent disfigurement.
`
`Please see the accompanying expert’s Affidavit for further details.
`
`To the best of our knowledge for the five (5) years preceding all medical treatment for
`our client was provided by:
`
`Reid Hospital
`1100 Reid Parkway
`Richmond, IN 47374
`
`NP Paulette Whorchester - PCP
`950 N Market
`St Liberty, IN 47353-8496
`
`Dr. Aneil J. Stein & Dr. John Harlan
`Oxford Obstetrics & Gynecology Inc
`5225 Morning Sun Road
`Oxford, OH 45056
`
`Whitewater Valley Dental
`1429 chester blvd. Suite B
`Richmond IN 47374
`
`PA Natalie Jones - Prior PCP
`Dr. Windle Stracener & PA Amber Hibbert
`Wayne County Clinic
`203 E. Main Street
`Richmond, IN 47374
`
`a.
`
`b.
`
`C.
`
`d
`
`e.
`
`, Goldberg Hirsh, P.A.
`
`ATTORNEYS AT LAW
`
`

`

`I certify that a good faith investigation resulted in sufficient grounds to serve this notice
`and that the expert has never had an opinion disqualified in any administrative forum, court of
`law, or other proceedings, nor has he ever been disqualified as an expert witness. He has
`never been found guilty of fraud or perjury in any jurisdiction.
`
`We are also enclosing a duly executed medical authorization by our client. All medical
`records presently in our possession are attached hereto. We believe that the portion of the
`authorization allowing ex-parte communications between you and any of our client’s medical
`care providers is in violation of Federal Law. Therefore, we request that you advise us before
`any such communication is attempted so that we may seek appropriate relief.
`
`Our client seeks damages as provided by law. Your immediate attention to this matter
`is in your best interest. We are available for and request mediation. We suggest the following
`mediators:
`
`Lew Jack, Esquire
`Peter E. Abraham, Esquire
`Manuel Morales, Esquire
`
`Any and all correspondence concerning this claim should be directed to the
`undersigned.
`
`Jeffrey S. Hirsh
`
`JSH:amg
`
`Enclosures (Request for Informal Discovery)
`
`cc:
`
`Florida Department of Insurance
`Risk Management Division
`Larson Building
`Tallahassee, FL 32399
`
`Florida Department of Financial Services
`200 East Gaines Street
`Tallahassee, FL 32399
`
`Goldberg I Hirsh, P.A.
`
`ATTORNEYS AT LAW
`
`

`

`MEDICAL MALPRACTICE REQUEST FOR INFORMAL DISCOVERY
`DIRECTED TO ALFRED SOFER, M.D.
`
`Pursuant to §766.106(6), Florida Statutes, the prospective Plaintiff(s) request the
`prospective Defendant(s) to produce a copy of the following, (at our expense).
`
`1.
`
`2.
`
`3.
`
`4.
`
`A copy of the medical records for the patient in question. This request
`includes all billing and other
`records kept by aforesaid prospective
`Defendant.
`
`A copy of all x-rays, tests, biopsies or other studies prepared for patient in
`question.
`
`The complete medical chart and records (including bills) on the patient.
`
`Describe all insurance policies applicable to the within incident by
`providing:
`
`(a)
`
`(b)
`
`(c)
`
`(d)
`
`(e)
`
`Name of insurer.
`
`Amount of coverage.
`
`Policy number.
`
`Effective dates of coverage.
`
`State whether there is a coverage defense and describe same if
`applicable.
`
`5.
`
`List any excess or umbrella insurance applicable to the within incident by
`providing:
`
`(a)
`
`(b)
`
`(c)
`
`(d)
`
`(e)
`
`Name of insurer.
`
`Amount of coverage.
`
`Policy number.
`
`Effective dates of coverage.
`
`State whether there is a coverage defense and describe same if
`applicable.
`
`

`

`6.
`
`7.
`
`8.
`
`9.
`
`State your proper name, and your licensee’s name and address.
`
`Please state the name and address of each person or entity who you will ask
`to be included on the verdict form in this case, as per the Supreme Court
`decision in Fabre vs. Mann, and for each person or entity state why you will
`ask that they be included.
`
`Please provide any and all medical records of any type regarding our clients,
`including any and all billing records.
`
`Were you named properly in our Notice of Intent? If not, please state your
`proper name and agent for service of process.
`
`10.
`
`All photographs of our client.
`
`11.
`
`All billing records of our client.
`
`12.
`
`Any contracts or agreements between Alfred Sofer, M.D. and Guiribitey
`Cosmetic & Beauty Institute, Inc. d/b/a CG Cosmetic Surgery in effect when
`our client was being treated.
`
`

`

`MEDICAL MALPRACTICE REQUEST FOR INFORMAL DISCOVERY
`DIRECTED TO GUIRIBITEY COSMETIC & BEAUTY INSTITUTE. INC. DIBIA CG
`COSMETIC SURGERY
`
`Pursuant to §766.106(6), Florida Statutes, the prospective Plaintiff(s) request the
`prospective Defendant(s) to produce a copy of the following, (at our expense).
`
`1.
`
`2.
`
`3.
`
`4.
`
`A copy of the medical records for the patient in question. This request
`includes all billing and other
`records kept by aforesaid prospective
`Defendant.
`
`A copy of all x-rays, tests, biopsies or other studies prepared for patient in
`question.
`
`The complete medical chart and records (including bills) on the patient.
`
`Describe all insurance policies applicable to the within incident by
`providing:
`
`(a)
`
`(b)
`
`(c)
`
`(d)
`
`(e)
`
`Name of insurer.
`
`Amount of coverage.
`
`Policy number.
`
`Effective dates of coverage.
`
`State whether there is a coverage defense and describe same if
`applicable.
`
`5.
`
`List any excess or umbrella insurance applicable to the within incident by
`providing:
`
`(a)
`
`(b)
`
`(c)
`
`(d)
`
`(e)
`
`Name of insurer.
`
`Amount of coverage.
`
`Policy number.
`
`Effective dates of coverage.
`
`State whether there is a coverage defense and describe same if
`applicable.
`
`

`

`6.
`
`State your proper name, and your licensee’s name and address.
`
`7.
`
`8.
`
`9.
`
`Please state the name and address of each person or entity who you will ask
`to be included on the verdict form in this case, as per the Supreme Court
`decision in Fabre vs. Mann, and for each person or entity state why you will
`ask that they be included.
`
`Please provide any and all medical records of any type regarding our clients,
`including any and all billing records.
`
`Were you named properly in our Notice of Intent? If not, please state your
`proper name and agent for service of process.
`
`10.
`
`All photographs of our client.
`
`11.
`
`All billing records of our client.
`
`12.
`
`Any contracts or agreements between Alfred Sofer, M.D. and Guiribitey
`Cosmetic & Beauty Institute, Inc. d/b/a CG Cosmetic Surgery in effect when
`our client was being treated.
`
`

`

`AFFIDAVIT
`
`))
`
`SS:
`
`STATEOF FLORIDA
`
`COUNTY OF HILLSBBOROUH )
`
`BEFORE ME,
`
`the undersigned authority, personally appeared, JAMES
`
`APESOS, M.D., who after being first duly sworn, states:
`
`1.
`
`2.
`
`3.
`
`My name is James Apesos, M.D.
`
`My address is 5441 Far Hills Avenue, Frank Lloyd Wright Building,
`
`Dayton, Ohio 45429.
`
`I am a duly licensed physician, Board Certified American Board of
`
`Plastic Surgery. A copy of my C.V. is attached hereto.
`
`I am licensed as a medical expert witness in Florida.- MEEW8I2O
`
`4.
`
`I have reviewed the medical records from the following facilities:
`
`a.
`b.
`
`CG Cosmetic Surgery/Dr. Alfred Sofer
`Color Photographs
`
`5.
`
`Based upon my education, training, experience and review of the
`
`foregoing materials, it is my medical opinion within a reasonable degree of
`
`medical certainty and probability that Alan Sofer, M.D’s opinions, conclusions, and
`
`treatment provided to Tosha Wharton fell below the minimum acceptable standard
`
`of care and was negligent with reference to the care of Tosha Wharton and
`
`caused her serious permanent
`
`injury. Following her surgery, it was Dr. Sofer’s
`
`duty within the minimum acceptable standard of care to either provide follow up
`
`

`

`care or to transfer her care to another qualified physician with the requisite
`
`experience and training to provide the appropriate follow-up care. This failure of
`
`proper care resulted in the necessity for extended wound care, emergency
`
`hospital visits, treatment for tissue necrosis and infection, resulting in the partial
`
`loss of her left nipple, requiring reconstructive surgery in an attempt to correct the
`
`damages done. Dr. Sofer failed to arrange for proper immediate, timely, follow-up
`
`care resulting in complications and permanent disfigurement because the doctor
`
`failed to understand or to care for the surgical complication. As a result, Tosha
`
`Wharton suffered injury and permanent disfigurement.
`
`6.
`
`7.
`
`I have never had my opinion disqualified in any Court.
`
`Under penalties of perjury, I declare that I have read the foregoing
`
`Affidavit and that the facts stated herein are true and correct to the best of my
`
`knowledge.
`
`FURTHER AFFIANT SAYETH
`
`Sworn to and Subscribed before me this
`!‘ day
`2021 by
`James Apesos, M.D., who is personally known to me or has produced
`for identification.
`
`My Commission Expires:
`
`Notary Public, State of Ohio
`
`Affidavit - James Steele
`
`Page 2 of 2 pages
`
`SARINA PRICE
`Notary Public
`State of Ohio
`My Comm. Expires
`November 29, 2023
`
`

`

`JAMES APESOS, M.D., F.A.C.S.
`- CURRICULUM VITAE -
`
`Page 1
`
`Phone:
`Cell:
`Toll-Free:
`Fax:
`Website:
`Email:
`Office Address:
`
`937-435-0031
`937-604-9200
`800-435-0331
`937-435-3055
`www.DrApesos.com
`apesosmd(gmail .com
`James Apesos, M.D., Inc.
`Plastic Surgery Pavilion
`Frank Lloyd Wright Building
`5441 Far Hills Avenue
`Dayton, Ohio 45429
`
`Highly experienced cosmetic surgeon in active clinical practice. Board-certfled in plastic
`surgery, hand surgery and general surgery. Georgetown and UPenn educated/trained. Well
`published. Sign Ulcant teaching and research experience. Experienced expert witness — has
`reviewed over thirty cases and testUled several times at deposition and trial.
`
`CURRENT POSITIONS:
`1984-Present
`Owner, James Apesos, M.D., Inc.
`Treats patients for a wide range of cosmetic surgery procedures, both in
`patient and out-patient in a state-of-the-art facility. Formerly performed
`reconstructive surgery involving congenital defects, burns, and hand
`surgery.
`Dayton, Ohio
`
`Clinical Professor of Surgery
`Clinical Professor in Emergency Medicine
`Division of Plastic and Reconstructive Surgery
`Wright State University School of Medicine
`Dayton, Ohio
`
`MEDICAL CERTIFICATIONS:
`
`12/08/2020 Florida Department of l-Iealth Medical Doctor Expert
`Expiration: 12/08/2022
`Diplomat, National Board of Medical Examiners
`Board Certified, American Board of Surgery
`Board Certified, American Board of Plastic Surgery
`Certified, Added Qualifications in Surgery of the Hand
`
`07-01-75
`12-13-83
`12-02-83
`10-07-94
`
`Witness Certificate
`MEEW8I2O
`(1449990)
`(29219)
`(2786)
`(298)
`
`Revised — 10/19/2020
`
`

`

`Page 2
`
`01-01-99
`06-14-02
`03-14-03
`03-03-03
`10-01-03
`01-30-04
`
`Certificate, Advanced Education in Cosmetic Surgery
`National Registry - Emergency Medical Technician
`Advanced Trauma Life Support
`Advanced Cardiac Life Support
`Instructor, Advanced Haz-Met Life Support
`Instructor, Cardiopulmonary Resuscitation, First Aid, AED
`
`(exp. 6/1/10)
`(B 1404867)
`
`ACADEMIC APPOINTMENTS:
`
`1984-1998
`
`1984-1990
`
`1990-1998
`
`1984-1989
`
`Chairman and Program Director - Plastic Surgery Residency Program
`Wright State University School of Medicine
`Dayton, Ohio
`
`Associate Clinical Professor
`Division of Plastic and Reconstructive Surgery
`Wright State University School of Medicine
`Dayton, Ohio
`
`Director, Microsurgery Laboratory
`Miami Valley Hospital
`Dayton, OH
`
`Director, Plastic Surgery Laboratories
`Cox Institute
`Dayton, Ohio
`
`Hospital Active Staff:
`1984-2014
`Children’s Medical Center
`Dayton, Ohio
`
`Kettering Medical Center
`Kettering, Ohio
`
`Sycamore Hospital
`Miamisburg, Ohio
`
`Hospital Courtesy Staff:
`Miami Valley Hospital, Dayton, Ohio
`Grandview Hospital, Dayton, Ohio
`Atrium Medical Center, Middletown, Ohio
`
`PAST ACADEMIC APPOINTMENTS:
`
`1981-1984
`
`Assistant Professor, Plastic Surgery
`University of Kentucky
`
`Revised — 10/19/2020
`
`

`

`Page 3
`
`Lexington, Kentucky
`
`Attending Surgeon, Division of Plastic Surgery
`Veterans Administration
`Lexington, Kentucky
`
`Associate Staff Physician,
`Cardinal Hill Hospital and Rehabilitation Center
`Lexington, Kentucky
`
`Attending Physician
`Shriner’s Hospital for Crippled Children
`Lexington Kentucky
`
`Staff Plastic Surgeon
`Kentucky Crippled Children’s Service
`Lexington, Kentucky
`
`Active Staff: Central Baptist Hospital,
`Saint Joseph Hospital
`Lexington Community Hospital
`Lexington, Kentucky
`
`Director, Microsurgery Research Laboratory
`University of Kentucky
`Lexington, Kentucky
`
`PUBLICATIONS:
`
`1. Apesos J, Hamilton RW, Korostoff E: Tensile strength in ischemic wounds in rats.
`Surgical Forum 19:505-507, 1968.
`
`2. Hamilton R, Apesos J, KorostoffE: Viscoelastic properties of healing wounds.
`Plastic and Reconstructive Surgery 45:274-278, 1970.
`
`3. Apesos J: Review of the medical management of acute variceal bleeding from the
`esophagus. Medical Annals of the District of Columbia Medical Society 42:486-489,
`1974.
`
`4. Apesos J, Folse JR: Lower extremity arterial insufficiency after long-term methysergide
`maleate therapy: Its evaluation using the Doppler ultrasonic velocity detector.
`Archives of Surgery 114:964-967, 1979.
`
`5. Apesos J, Dawson B, Law E: Comparative statistical methods of analysis of bum victims.
`Burns 6:181-189, 1980.
`
`Revised
`
`10/19/2020
`
`

`

`Page 4
`
`6. Apesos J, Srivastava J, Williams C, Patton RJ: Post-coital pneumoperitoneum.
`Obstetrics and Gynecology (3 Supplement) 55:478-488, 1980.
`7. Edlich RF, Apesos J, et al: Technical considerations in fasciotomies for high voltage
`electrical injuries of the extremities. Journal of Burn Care and Rehabilitation 1:22-26,
`1980.
`
`8. Wortsman J, Dietrich J, Apesos J, Folse JR: Hashimoto’s thyroiditis simulating cancer of
`the thyroid. Archives of Surgery 116:386-388, 1981.
`
`9. Edlich RF, Apesos J: Hot tar skin burns. Current Concepts of Trauma 4:18-19, 1981.
`
`10. Apesos J, Zide BM: A no-contact splint for skin grafting of the ankle.
`Annals of Plastic Surgery 9:348-349, 1982.
`
`11. Apesos J. Scott J, Edgerton MT: Intraoperative photography utilizing a fiberoptically
`illuminated boom camera. Plastic and Reconstructive Surgery 71:268-270, 1983.
`
`12. Pope TL, Apesos J: Computed tomography in the management of orbital cellulitis from
`an imbedded eye prosthesis. Ophthalmic Plastic and Reconstructive Surgery 1:191-193,
`1985.
`
`13. Apesos J, Pope TL: Silicone granuloma following closed capsulectomy of a mammary
`prosthesis: Diagnosis by film screen mammography. Annals of Plastic Surgery 14:403-
`406, 1985.
`
`14. Robinow M, Johnson OF, Apesos J: Robin sequence and oligodactyly in mother and son.
`American Journal of Medical Genetics 25:293-297, 1986.
`
`15. Chang DE, Bruns DE, Spyker DA, Apesos J, Edlich RF: Fatal transcutaneous iron
`intoxication. Journal of Burn Care and Rehabilitation 9:385-388, 1988.
`
`16. Chami R, Apesos J: Treatment of asymptomatic preauricular sinuses: Challenging
`conventional wisdom. Annals of Plastic Surgery 23:406-411, 1989.
`
`17. Apesos J, Chami R: Functional applications of suction-assisted lipectomy: A new
`treatment for old disorders. Aesthetic Plastic Surgery 15:73-79, 1991.
`
`18. Apesos J, Anigian 0: Reconstruction of penile and scrotal lymphedema: Case report and
`review. Annals of Plastic Surgery 27:570-573, 1991.
`
`19. Gross MP, Apesos J: The use of leeches for treatment of venous congestion of the nipple
`following breast surgery. Aesthetic Plastic Surgery 16:343-348, 1992.
`
`20. Apesos J: Median cleft of the lip--Its significance and surgical repair. Cleft Palate
`Craniofacial Journal 30:94-96, 1993.
`
`Revised — 10/19/2020
`
`

`

`Page 5
`
`21. Apesos J, Perosfsky H: The expanded forehead flap for nasal reconstruction. Annals of
`Plastic Surgery 30:411-416, 1993.
`22. Apesos J, Kane M: The treatment of traumatic earlobe cleft. Aesthetic Plastic Surgery
`17:253-255, 1993.
`
`23. Haramis HI, Apesos J: Cleft palate and congenital lateral alveolar synechia syndrome.
`Annals of Plastic Surgery 34:424-430, 1995.
`
`24. Apesos J: Book Review of Textbook of Plastic, Maxillofacial and Reconstructive
`Surgery, 2nd Edition. Maxillofacial News. American Society of Maxillofacial Surgeons,
`1997.
`
`25. Apesos J: Book Review of Aesthetic Surgery of the Craniofacial Skeleton, an Atlas, M.
`Li, J. Coleman, A. Sadove. Indiana University Medical Center. Maxillofacial News.
`American Society of Maxillofacial Surgeons, 1997.
`
`ABSTRACTS:
`
`1. Apesos J, Dawson B: Discriminant analysis of morbidity and mortality in burn victims.
`Annual Meeting of the American Statistical Association, San Diego, CA; 1978.
`
`2. Apesos J: Post-coital pneumoperitoneum. Acron Verlag Extracts Series; 1980.
`
`3. Apesos J, Sadove AM, Zide B, Edgerton MT: Treatment of malar deformity in Treacher
`Collins Syndrome. Sixtieth Annual Meeting of the American Association of Plastic
`Surgeons, Williamsburg, VA; May 10-13, 1981.
`
`4. Apesos J, Munk R: Indications for upper extremity reconstruction using free flap
`coverage. American Association for Hand Surgery, Maui, HI; October 9-11, 1982.
`
`5. Apesos J: The augmentation of nerve compound action potential by pulsed
`electromagnetic induced current (PEMIC). Plastic Surgery Research Council, Durham,
`NC; May 16-18, 1983.
`
`6. Apesos, J, Bryant C, Parker B, Sisken B: Nerve conduction study: A comparison of
`various nerve repairs. Bioelectric Repair and Growth Society, San Diego, CA; October
`29, 1989.
`
`7. Apesos J, Chami R: Functional applications of suction lipectomy: A new treatment for
`old disorders. Lipoplasty Society of North America, San Francisco, CA; October 29,
`1989.
`
`8. Anigian G, Apesos J: Reconstruction of penile and scrotal edema. Plastic Surgery
`Senior Residents Conference, Madison, WI: May 11-14, 1991.
`
`Revised — 10/19/2020
`
`

`

`Page 6
`
`9. Kane M, Apesos J: The treatment of recurrent ischial pressure sores after failure of
`fasciocutaneous flaps. Plastic Surgery Senior Residents Conference, Madison, WI;
`May 11-14, 1991.
`10. Gross M, Apesos J: The use of leeches for treatment of venous congestion of the nipple
`following breast surgery. Plastic Surgery Senior Residents Conference, Montreal,
`Canada; May 22-27, 1992.
`
`11. Perrine K, Apesos J: Treatment of sternal dehiscence in the community hospital setting.
`Plastic Surgery Senior Residents Conference, Montreal, Canada; May 22-27, 1992.
`
`12. Apesos J: The use of leeches in plastic surgery: a return to the days of yore. American
`Society of Plastic and Reconstructive Surgery, Seattle, Washington; September 22-26,
`1991.
`
`13. Apesos J, Gross MP: Double tissue expanders with a single filling port: A new method
`of customized tissue expansion. American Society of Plastic and Reconstructive
`Surgery, Washington, D.C.; September 20-24, 1992.
`
`MOVIES AND TAPES:
`
`1. Apesos, J: “Creation of a Silicone Implant for Reconstruction of Skull” for The Learning
`Channel program How Do They Do That, National Cable Network, 1997
`
`2. Apesos, J: Segment on made-for-television special “Ordinary Extraordinary” regarding
`the story of Ahad Israfil following gunshot wound of the head. Presented on CBS, 1997.
`
`3. Luce EA, Gotlieb SE, Apesos J: The classic radical neck dissection. Presented