Court Settles 54 Million Pound Plastic Surgery Claim

The legal case of the Mrs Penny Johnson, who suffered facial disfigurement during cosmetic surgery in 2003, has undoubtedly caused a stir in the media over the past few months. 

This week her legal battle against her Surgeon Dr Le Roux Fourie has been settled in the High Court earning Mrs Johnson a record £6.2 million in compensation. 

When considering elective cosmetic surgery there is always the risk of complications and it is with a full understanding of this risk that patients enter into it.

That’s not to detract from the pain and suffering Mrs Johnson has experienced these past years, and will continue to suffer, but it begs the question; how much is too much? 

Mrs Johnson’s original claim was for an unprecedented £54 million stating that Dr Le Roux Fourie decided to “play God” with her face but was later rejected by the judge. 

Let’s look at the facts of this highly publicised and controversial case:

In 2003 Mrs. Johnson elected to have minor “vanity” surgery to reconstruct her nose and remove dark circles around her eyelids.

During consultations, Dr. Fourie proposed a facelift with work on her forehead and eyes and a replacement of her existing breast implants.

Complications arose during what she described as an “experimental procedure” leaving her with facial asymmetry and a self-described “monster eye” – a constant twitching and buzzing sensation in her eye which doesn’t close properly. The permanent damage to her nerve and facial muscles has also left her with slurred speech and trouble sleeping – allegedly having to tape her eye closed at night.

Mrs Johnson has spoken about the ramifications the procedure has had on her life. She describes her personal life as reclusive as she lacks the confidence to socially interact and finds it difficult to maintain a normal relationship with her sons, who are frightened and confused by her “monster” appearance. She also claims the surgery led to the loss of her confidence and ability to conduct face-to-face business meetings, which had a direct effect on the failure of her multi-million pound consulting business in 2009.   

Dr. Fourie has admitted full liability but denied the surgery was “experimental” and originally proposed a settlement of £9million. Mrs. Johnson rejected this amount as she claimed her financial loss as a partner in her business was £54 million.  Alan Choo Choy, QC for Dr. Fourie discarded this claim as “deluded and unrealistic”.   

The presiding judge agreed that although she did suffer trauma as a result of the negligent procedure but for her ability to judge what might have been was unrealistic, taking into account that the surgery did not affect her intelligence or mental capabilities.

For “pain, suffering and the loss of amenity” she was awarded £80,000 and just under £6 million for past and future earnings.