Cammie Rapp v. Key S. Keel

  • Court: California State, Superior Court, Orange County
  • Case number: 2018-01022869
  • Filed: October 03, 2018
  • Judge: Hon. Craig Griffin
  • Case type: (54) Medical Malpractice; Civil – Unlimited

Parties Involved

  • Plaintiff: Cammie Rapp
    • Counsel for Plaintiff: Steven D. Davis | Tracy T. Davis
    • Expert Witness for Plaintiff: Juris Bunkis, M.D.
  • Defendant: Keys S. Keel
    • Counsel for Defendant: Raymond McMahon
    • Expert Witness for Defendant: Terry Dubrow, M.D

Verdict Information

  • Verdict date: February 06, 2024
  • Total damages awarded to Plaintiff: $281,131
    • Economic Damages (past medical expenses): $15,675
    • Non-economic Damages: $265,456.
      • Past non-economic loss: $199,300
      • Future non-economic damages: $66,156
  • Final damages awarded to Plaintiff: $265,675
    • Non-economic damages (reduced due to MICRA cap): $250,000
    • Economic damages: $15,675

About the Case

Cause

Plaintiff Cammie Rapp resided in Orange County, California, at the time of the incident. She believed Defendant Keys S. Keel, M.D. was a licensed medical doctor in California. On August 21, 2017, Defendant administered Silikon 1000, which was a permanent substance, near Plaintiff’s eyes. Defendant’s negligence included, but was not limited to, the improper administration of Silikon 1000. He also failed to obtain the Plaintiff’s informed consent. After the procedure, Defendant repeatedly assured Plaintiff that the symptoms would resolve. On October 5, 2017, a dermatologist examined Plaintiff and advised for the first time that the Silikon 1000 should not have been administered as it had been. This was the first moment the plaintiff suspected that Defendant had been negligent in her care and treatment.

She sued the Defendant for medical malpractice for the use of Silikon 1000, which was not an FDA-approved substance near her eyes

Injury

As a direct and proximate result of Defendant’s negligent actions, Plaintiff suffered various injuries. These included burning and swelling of the facial area, dry eyes, and drooping, swollen bags under the eyes. Additionally, she experienced runny eyes, pain, and suffering. Consequently, Plaintiff had to seek and pay for additional medical and hospital care. Moreover, the plaintiff incurred a loss of earnings due to these injuries.

Damages

Plaintiff requested the Court to enter a judgment in her favor against Defendant for general and special damages, according to proof. Additionally, she requested that the Court award the costs of the suit incurred. Rapp also sought any other relief the court deemed just and proper under the circumstances.

Jury Verdict

On February 06, 2024, a California jury held that Defendant Keels had been negligent in the treatment of Plaintiff Rapp and such negligence was a substantial factor in causing harm to Plaintiff. Accordingly, the jury awarded $281,131 in damages to Plaintiff. Out of this amount, $15,675 was awarded for past medical expenses, $199,300 for past non-economic damages, and $66,156 for future non-economic loss.

However, on March 04, 2024, a judgment on jury trial was entered. It was held that Plaintiff was entitled to recover $265,675 from Defendant with interest at an annual rate of 10% from the date of judgment till the date of payment. The breakdown of the amount was $250,000 in non-economic damages and $15,675 in economic damages, The non-economic damages were reduced due to the cap of $250,000 on pain and suffering damages in cases involving medical malpractice under the Medical Injury Compensation Reform Act.

Court Documents:

Available upon request