This case was last updated from Miami Dade County Courts on 12/04/2022 at 11:04:07 (UTC).

TOSHA WHARTON ET AL 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 Dade County Court of Florida in the 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

Plaintiffs

Wharton, Tosha

Wharton, Jonathan

Defendants

Guiribitey Cosmetic & Beauty Institute, Inc.

Sofer M.D., Alfred

Alfred Sofer MD Corp

CG COSMETIC SURGERY

Attorney/Law Firm Details

Plaintiff and Defendant Attorneys

Hirsh, Jeffrey S

Kubs Lalchandani

Kenneth W Morgan Jr

 

Court Documents

Notice of Interrogatory

05/10/2022 - Notice of Interrogatory

Notice of Unavailability/absence

05/23/2022 - Notice of Unavailability/absence

Notice of Answer to Interrogatories

04/07/2022 - Notice of Answer to Interrogatories

Request for Production

05/10/2022 - Request for Production

Notice:

02/01/2022 - Notice:

Response to Request for Production

04/07/2022 - Response to Request for Production

Notice of Answer to Interrogatories

04/07/2022 - Notice of Answer to Interrogatories

Notice of Interrogatory

05/16/2022 - Notice of Interrogatory

Motion to Dismiss

01/21/2022 - Motion to Dismiss

Order of Dismissal

10/24/2022 - Order of Dismissal

Notice of Cancellation of Hearing

11/02/2022 - Notice of Cancellation of Hearing

Notice of Cancellation of Deposition

10/25/2022 - Notice of Cancellation of Deposition

Stipulation for Dismissal

10/24/2022 - Stipulation for Dismissal

Motion in Limine

10/24/2022 - Motion in Limine

Motion in Limine

10/24/2022 - Motion in Limine

Motion in Limine

10/24/2022 - Motion in Limine

Memorandum of Law

10/24/2022 - Memorandum of Law

87 More Documents Available
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Docket Entries

  • 11/02/2022
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  • DocketDocket Entry: Notice of Cancellation of Hearing; Event Type: Event

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  • 10/25/2022
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  • DocketDocket Entry: Notice of Cancellation of Deposition; Event Type: Event

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  • 10/25/2022
  • DocketDocket Entry: Order of Dismissal; Event Type: Judgment

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  • 10/24/2022
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  • DocketDocket Entry: Stipulation for Dismissal; Event Type: Event

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  • 10/24/2022
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  • DocketDocket Entry: Motion in Limine; Event Type: Event

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  • 10/24/2022
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  • DocketDocket Entry: Order of Dismissal; Book/Page: 33438:4469; Event Type: Event; Comments: WITH PREJUDICE AS TO CG COSMETICSURGERY ONLY Parties: Guiribitey Cosmetic & Beauty Institute Inc.; CG COSMETIC SURGERY

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  • 10/24/2022
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  • DocketDocket Entry: Motion in Limine; Event Type: Event

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  • 10/24/2022
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  • DocketDocket Entry: Motion in Limine; Event Type: Event

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  • 10/24/2022
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  • DocketDocket Entry: Memorandum of Law; Event Type: Event

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  • 10/24/2022
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  • DocketDocket Entry: Motion in Limine; Event Type: Event

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84 More Docket Entries
  • 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:$30.00NAME:HIRSH, JEFFREY S1 SE 3RD AVE STE 3020MIAMI FL 33131-1700COMMENT:ALLOCATION CODEQUANTITYUNITAMOUNT3139-SUMMONS ISSUE FEE1$10.00$10.003139-SUMMONS ISSUE FEE1$10.00$10.003139-SUMMONS ISSUE FEE1$10.00$10.00TENDER TYPE:E-FILING ACHTENDER AMT:$30.00RECEIPT DATE:09/02/2021REGISTER#:301CASHIER:EFILINGUSER

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  • 09/02/2021
  • DocketDocket Entry: Receipt:; Event Type: Event; Comments: RECEIPT#:3010205AMT PAID:$401.00NAME:HIRSH, JEFFREY S1 SE 3RD AVE STE 3020MIAMI FL 33131-1700COMMENT:ALLOCATION CODEQUANTITYUNITAMOUNT3100-CIRCUIT FILING FEE1$401.00$401.00TENDER TYPE:E-FILING ACHTENDER AMT:$401.00RECEIPT DATE:09/02/2021REGISTER#: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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