Executive Summary
- Families of three women sued a San Diego surgeon and clinics after fatal complications following cosmetic procedures.
- One wrongful death lawsuit was settled for $2.1 million, while two others remain pending in court.
- Plaintiffs allege the clinics used misleading advertising regarding pain levels and recovery times to attract patients.
- Medical examiners cited causes of death including bowel perforation and sepsis in the litigated cases.
Families of three women who died shortly after undergoing cosmetic surgery procedures in the San Diego area have filed wrongful death lawsuits against the clinics and the attending surgeon, alleging medical negligence and misleading advertising. According to Superior Court filings, the plaintiffs claim that marketing materials promised minimal pain and rapid recovery times for procedures that ultimately resulted in fatal complications.
Court records indicate that Lenia Watson-Burton, a 37-year-old U.S. Navy administrator, died in October 2022, three days after undergoing a liposuction-like procedure known as “AirSculpt” at Elite Body Sculpture in San Diego. The lawsuit filed by her family alleges that the surgeon, Dr. Heidi Regenass, perforated Watson-Burton’s bowel with a cannula during the fat removal process, leading to sepsis. The San Diego Medical Examiner’s report listed the cause of death as complications of abdominoplasty, specifically noting a small bowel perforation.
The litigation against Elite Body Sculpture and Dr. Regenass accused the defendants of false or misleading advertising. The complaint cited marketing claims that described the procedure as “gentle” and stated patients could return to their routines within 24 to 48 hours. In August 2024, the parties reached a settlement in the Watson-Burton case, with Elite Body Sculpture agreeing to pay the family $2 million and Dr. Regenass agreeing to pay $100,000, according to settlement documents.
Two additional wrongful death lawsuits are pending against Dr. Regenass and Pacific Liposculpture regarding procedures performed between December 2022 and February 2023. Tamala Smith, a 55-year-old nurse, died less than two weeks after a liposuction and fat transfer operation. Her daughter, Ste’Aira Ballard, alleges in the lawsuit that her mother relied on website assurances of a quick recovery but was found deceased in her hotel room shortly after the surgery. The third patient, Terri Bishop, died approximately three weeks after a similar procedure; her family alleges she died from blood clots, a known surgical complication, while the medical examiner cited cardiovascular disease aggravated by pneumonia.
Legal filings from the clinics and Dr. Regenass have denied allegations of negligence or liability in the pending cases. In the settled Watson-Burton case, Elite Body Sculpture maintained that the patient experienced an “uncommon surgical complication” and denied making specific guarantees against injury. The company, which is publicly traded, has previously defended its advertising terminology, such as “safer” and “better results,” as legally permissible “puffery” rather than factual claims requiring scientific substantiation.
It is important to note that the pending civil lawsuits represent allegations, and the defendants have not been found liable in court for the deaths of Smith or Bishop.
Regulatory Oversight and Patient Safety
These cases highlight significant gaps in the regulatory framework governing cosmetic surgery advertising and patient safety protocols in outpatient settings. While the Federal Trade Commission mandates that medical advertising be truthful and supported by evidence, the “puffery” defense often allows clinics to make broad claims about recovery times and pain levels without strictly scientific backing. The outcome of these lawsuits may establish important precedents regarding the extent to which medical providers can be held liable for marketing claims that contradict clinical risks, potentially prompting tighter scrutiny from state medical boards regarding informed consent in elective aesthetic procedures.
