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Case of the Month

West's® Jury Verdicts - Arizona Reports

Cosmetic Surgeons Receive $12M for Defamation by Former Patient

Desert Palm Surgical Group v. Petta

Type of Case:
Defamation - Other
Privacy

Specific Liability:
Patient created inflammatory Web site with fabricated information

General Injury:
Defamation; impairment of reputation; invasion of privacy; humiliation; monetary damages

Jurisdiction:
State: Arizona
Court: Superior Court of Arizona, Maricopa County.

Related Court Documents:
Verdict form: 2011 WL 6401151

Case Name:
Desert Palm Surgical Group PLC, Albert E. Carlotti and Michelle L. Cabret-Carlotti, husband and wife v. Sherry Petta

Docket/File Number:
CV2008-010464

Verdict:
Plaintiffs, $12,000,000.00

Verdict Date:
Dec. 14, 2011

Judge:
Mark H. Brain

Attorneys:
Plaintiffs: Matthew J. Kelly and Chelsey M. Golightly, Kelly McCoy PLC, Phoenix, Ariz.

Defendants: Derron D. Woodfork, Law Offices of Derron D. Woodfork, Scottsdale, Ariz.

Trial Type:
Jury

Breakdown of Award:
$11,000,000.00 to plaintiffs for actual damages
$1,000,000.00 to plaintiffs for punitive damages

Summary of Facts:
Sherry Ann Petta was a patient from January 2007 to January 2009, of Desert Palm Surgical Group, a cosmetic and oral and maxillofacial surgical center. Petta underwent a number of procedures, including a CO2 laser resurfacing of her face and a rhinoplasty.

Desert Palm surgeons Albert E. Carlotti, III, MD, DDS and Michelle L. Cabret-Carlotti, MD, DDS provided ongoing treatment to Petta for non-healing and infection from 2007 until the end of January 2008.

Petta reportedly created a Web site in which she accused Desert Palm and the surgeons of harming her with the laser procedure. She also lodged complaints with the Arizona Medical Board and other state officials.

Desert Palm, Carlotti and Cabret-Carlotti filed a claim in Maricopa County Superior Court against Petta for defamation/defamation per se and false light invasion of privacy.

The surgeons asserted Petta's non-healing condition was caused by her receiving various treatments from other physicians and using unauthorized products. The plaintiffs sought unspecified, unliquidated damages for impairment of their reputation, personal humiliation and emotional distress, financial damages and financial losses.

A jury convened before Judge Mark H. Brain returned a verdict Dec. 14, 2011 in favor of the plaintiffs in the amounts of $11,000,000 for actual damages and $1,000,000 for punitive damages.

Court: Superior Court of Arizona, Maricopa County.

Westlaw Citation:
2011 WL 7003691

West's Jury Verdicts - Arizona Reports Citation:
West’s J.V. Ariz. Rep., Vol. 7, Iss. 10, p. 5 (2011)