Medical Malpractice and Personal Injury Law Blog

Ex- Mayor of San Diego Sues City After His Wife Trips on a Sidewalk and Ruptures Breast Implants

Posted by Charles Gilman | May 04, 2017 | 0 Comments

An ex-mayor of San Diego has decided to sue the city, claiming that a damaged sidewalk caused his wife to trip and fall and rupture her breast implants.

According to the lawsuit filed by former Mayor Roger Hedgecock and his wife Cynthia Hedgecock, the incident occurred in 2015. They were walking on a damaged sidewalk in Pacific Beach when she tripped and fell. Apparently, the sidewalk had yet to be repaired of its 2.5-inch concrete lip due to a tree growing nearby, in which the suit contends is a negligent and careless omission on behalf of the city. The Hedgecocks are not currently requesting a specific amount in damages, but they do seek to recover an amount that is ”well in excess of $25,000.”

The lawsuit claims that Cynthia suffered “serious personal injuries” when she “flew forward and came crashing to the ground.” She experienced symptoms of continual chest pain and breast abnormalities for two weeks before she decided to see a medical professional. After several tests and examinations, Cynthia was informed that silicon had been leaking into her bloodstream. She was immediately scheduled for an obligatory implant replacement surgery, that she describes as “grueling.”

A few weeks later she underwent the procedure that removed the ruptured implants and replaced them with newer ones. Medical staff estimated that she would fully recover in a few weeks with the help of pain medication, sleeping aids and her husband's constant assistance. According to the suit, Roger Hedgecock is a co-plaintiff in the suit because he was required to stay home every day and tend to his wife during her recovery. He claims that he suffered “the loss of support, service, love, companionship, society, affection, relations and solace from his wife.” The former mayor also seeks compensation for a loss of income and the loss of consortium with his wife.

According to Alan Matarasso, the spokesman for the American Society of Plastic Surgeons, breast implant ruptures are very rare, and that they can be ruptured at months at a time before it's physically noticeable. The swiftest treatment possible after a rupture occurs is recommended

A spokesman for the city Attorney, Mara Elliott, said that the case will go to trial towards the end of the year. All lawyers have already met to discuss potential trial dates. This isn't the first incident where a resident has decided to take legal action against the city for damaged sidewalks. San Diego recently paid nearly $5 million to a bicyclist who flew 28 feet in the air by a raised sidewalk. This event caused legislators to push a new policy initiative that focuses on shifting the responsibility of repairing sidewalks entirely to the city. As of now, some of the liability falls on adjacent business owners on the property. Nonetheless, most cases of this nature filed against the city are settled.

About the Author

Charles Gilman

As managing partner and co-founder of Gilman & Bedigian, it is my mission to help our clients recover and get their lives back on track. I strongly believe that every person who is injured by a wrongful act deserves compensation, and I will do my utmost to bring recompense to those who need and deserve it.

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