This case was last updated from Florida Dade Court System on 10/21/2021 at 09:01:53 (UTC).

TOSHA WHARTON VS GUIRIBITEY COSMETIC & BEAUTY INSTITUTE, INC. ET AL

Case Summary

On September 1, 2021, Tosha Wharton and Jonathan Wharton (“Plaintiffs”), represented by Hirsh, Jeffrey S., filed a personal injury lawsuit against Guiribitey Cosmetic, Beauty Institute, Inc. and Alfred Sofer MD CORP (collectively, “Defendants”), seeking damages and costs for the negligent acts and omissions by Defendants. This case was filed in the United States District Court in the District of Miami in Dade County Courthouse.

 

In the complaint, the plaintiffs alleged that, “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).”

 

The plaintiffs further alleged that, “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 its employees, agents, independent contractors and apparent agents with reference to the care provided to TOSHA WHARTON.”

 

The plaintiffs even further alleged that, “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 injuries are ongoing and permanent and she will continue to sustain such damages in the future.”

 

The plaintiffs also alleged that “The Defendant breached its duty and through its agents and employees negligently failed to provide appropriate care by:

  1. Negligently failing to provide proper post-surgical care;
  2. Failing to appropriately assess and evaluate her post-surgical complications. 
  3. Failing to appropriately and timely notify the operating surgeon of her postoperative complications;
  4. Failing to provide follow-up care or to assist the Plaintiff in obtaining proper follow-up care;
  5. Failing to provide or secure proper treatment for her postoperative complications;
  6. By being otherwise negligent.”

 

There are two claims of relief laid down by the plaintiffs. The first claim for relief is against the Defendant CG Cosmetic Surgery for alleged negligent acts and omissions. The second claim against the defendant Alfed Sofer, M.D and Alfred Sofer MD CORP is for failure to provide appropriate medical care and supervision.

 

In its prayer for relief, the plaintiffs requested the court to award damages and costs for the negligent acts, omissions, and failure to provide appropriate medical care and supervision.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *************A-01

  • Filing Date:

    09/01/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Medical Malpractice

  • County, State:

    Miami-Dade, Florida

 

Party Details

Plaintiff

Wharton, Tosha

Defendants

Guiribitey Cosmetic & Beauty Institute, Inc.

Sofer M.D., Alfred

Alfred Sofer MD Corp

CG COSMETIC SURGERY

Attorney/Law Firm Details

Plaintiff Attorney

Hirsh, Jeffrey S

Defendant Attorneys

Kubs Lalchandani

Kenneth W Morgan Jr

 

Court Documents

Motion for Extension of Time

10/18/2021 - Motion for Extension of Time

Motion to Dismiss

10/11/2021 - Motion to Dismiss

Notice of Appearance

10/11/2021 - Notice of Appearance

Notice of Appearance

10/01/2021 - Notice of Appearance

Service Returned

09/23/2021 - Service Returned

Service Returned

09/23/2021 - Service Returned

Service Returned

09/20/2021 - Service Returned

ESummons 20 Day Issued

09/02/2021 - ESummons 20 Day Issued

ESummons 20 Day Issued

09/02/2021 - ESummons 20 Day Issued

ESummons 20 Day Issued

09/02/2021 - ESummons 20 Day Issued

(M) 20 Day (P) Summons (Sub) Received

09/01/2021 - (M) 20 Day (P) Summons (Sub) Received

(M) 20 Day (C) Summons (Sub) Received

09/01/2021 - (M) 20 Day (C) Summons (Sub) Received

(M) 20 Day (C) Summons (Sub) Received

09/01/2021 - (M) 20 Day (C) Summons (Sub) Received

Complaint

09/01/2021 - Complaint

Civil Cover Sheet - Claim Amount

09/01/2021 - Civil Cover Sheet - Claim Amount

3 More Documents Available
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Docket Entries

  • 10/18/2021
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  • DocketDocket Entry: Motion for Extension of Time; Event Type: Event; Comments: Parties: Guiribitey Cosmetic & Beauty Institute Inc.

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  • 10/11/2021
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  • DocketDocket Entry: Motion to Dismiss; Event Type: Event; Comments: Parties: Kenneth W Morgan Jr; Sofer M.D. Alfred; Alfred Sofer MD Corp

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  • 10/11/2021
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  • DocketDocket Entry: Notice of Appearance; Event Type: Event; Comments: Parties: Kenneth W Morgan Jr; Sofer M.D. Alfred; Alfred Sofer MD Corp

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  • 10/01/2021
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  • DocketDocket Entry: Notice of Appearance; Event Type: Event; Comments: Parties: Kubs Lalchandani; Guiribitey Cosmetic & Beauty Institute Inc.; CG COSMETIC SURGERY

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  • 09/23/2021
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  • DocketDocket Entry: Service Returned; Event Type: Event; Comments: Parties: Sofer M.D. Alfred

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  • 09/23/2021
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  • DocketDocket Entry: Service Returned; Event Type: Event; Comments: Parties: Alfred Sofer MD Corp

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  • 09/20/2021
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  • DocketDocket Entry: Service Returned; Event Type: Event; Comments: SUMMONS W/O RETURN OF SERVICE ATTACHED Parties: Guiribitey Cosmetic & Beauty Institute Inc.

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  • 09/02/2021
  • DocketDocket Entry: 20 Day Summons Issued; Event Type: Service

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  • 09/02/2021
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  • DocketDocket Entry: ESummons 20 Day Issued; Event Type: Event; Comments: RE: INDEX # 5. Parties: Sofer M.D. Alfred

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  • 09/02/2021
  • DocketDocket Entry: 20 Day Summons Issued; Event Type: Service

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  • 09/02/2021
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  • DocketDocket Entry: ESummons 20 Day Issued; Event Type: Event; Comments: RE: INDEX # 4. Parties: Guiribitey Cosmetic & Beauty Institute Inc.

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  • 09/02/2021
  • DocketDocket Entry: 20 Day Summons Issued; Event Type: Service

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  • 09/02/2021
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  • DocketDocket Entry: ESummons 20 Day Issued; Event Type: Event; Comments: RE: INDEX # 3. Parties: Alfred Sofer MD Corp

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  • 09/02/2021
  • DocketDocket Entry: Receipt:; Event Type: Event; Comments: RECEIPT#:3010280AMT PAID:$30.00 NAME:HIRSH, JEFFREY S 1 SE 3RD AVE STE 3020 MIAMI FL 33131-1700 COMMENT: ALLOCATION CODEQUANTITY UNIT AMOUNT 3139-SUMMONS ISSUE FEE1$10.00$10.00 3139-SUMMONS ISSUE FEE1$10.00$10.00 3139-SUMMONS ISSUE FEE1$10.00$10.00 TENDER TYPE:E-FILING ACHTENDER AMT:$30.00 RECEIPT DATE:09/02/2021 REGISTER#:301CASHIER:EFILINGUSER

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  • 09/02/2021
  • DocketDocket Entry: Receipt:; Event Type: Event; Comments: RECEIPT#:3010205AMT PAID:$401.00 NAME:HIRSH, JEFFREY S 1 SE 3RD AVE STE 3020 MIAMI FL 33131-1700 COMMENT: ALLOCATION CODEQUANTITY UNIT AMOUNT 3100-CIRCUIT FILING FEE1$401.00$401.00 TENDER TYPE:E-FILING ACHTENDER AMT:$401.00 RECEIPT DATE:09/02/2021 REGISTER#:301CASHIER:EFILINGUSER

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  • 09/01/2021
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  • DocketDocket Entry: (M) 20 Day (P) Summons (Sub) Received; Event Type: Event

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  • 09/01/2021
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  • DocketDocket Entry: (M) 20 Day (C) Summons (Sub) Received; Event Type: Event

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  • 09/01/2021
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  • DocketDocket Entry: (M) 20 Day (C) Summons (Sub) Received; Event Type: Event

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  • 09/01/2021
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  • DocketDocket Entry: Complaint; Event Type: Event

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  • 09/01/2021
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  • DocketDocket Entry: Civil Cover Sheet - Claim Amount; Event Type: Event

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