A medical malpractice case involving a contentious plastic surgery procedure has been dismissed by the Court of Appeal in Louisiana. The complaint was filed by Kristine Ackels against LSU Plastic Surgery and Renouvo Plastic Surgery on July 26, 2023, following a series of alleged procedural failures during her surgery.
Kristine Ackels initiated the lawsuit in the Civil District Court of Orleans Parish under Case No. 2023-07167, Division “M,” presided over by Honorable Judge Paulette R. Irons. The appeal was dismissed on August 29, 2024, after Ackels filed a motion to dismiss it herself. Chief Judge Terri F. Love led the panel that reviewed and granted the dismissal.
The roots of this legal battle trace back to August 22, 2022, when Ackels underwent multiple surgical procedures performed by Dr. Daniel Womac at Renouvo Plastic Surgery. These procedures included a face lift, neck lift, forehead lowering, brow lift, removal of nasolabial folds, and jawline sculpting aimed at addressing her gender dysphoria diagnosis. Following the surgery, Ackels claimed that Dr. Womac did not adhere to proper protocols and procedures.
Ackels retained attorney J. Michael Daly Jr. from Walker Daly LLP to represent her in convening a medical review panel and subsequently filing suit against Renouvo LLC (also known as SPS Office Holdings LLC) and LSU Plastic Surgery for alleged negligence. However, on September 15, 2023, Daly filed a Motion to Withdraw his representation citing that no other counsel had appeared or deadlines set in the matter except for naming an attorney chairperson before December 2023.
Ackels opposed Daly's motion to withdraw on September 22, 2023; however, during an October 23 hearing, the trial court permitted Daly and his firm to withdraw from representing her while also ordering him to contact defense counsel for extensions on discovery answers.
On October 23 at around noon—shortly after the hearing—Renouvo filed Exceptions and Answer to Original Petition for Damages along with an Alternative Motion to Stay Proceedings. The trial court issued its written judgment on November 2 granting Daly’s withdrawal motion.
Subsequently dissatisfied with these developments and facing procedural hurdles without legal representation, Ackels filed multiple motions for interlocutory appeals between November and December of 2023 but ultimately moved forward with a general appeal which was granted on December 18.
In an unexpected turn of events on August 26, 2024—just days before her appeal was set for review—Ackels submitted a Motion to Dismiss without Prejudice citing no opposition from any parties involved as per La C.C.P art.2162 allowing consensual dismissal at any stage of proceedings if unopposed.
With no appellee briefs submitted against this motion either—the Court saw fit through Chief Judge Terri F Love alongside Judges Roland L Belsome & Dale N Atkins—to grant dismissal thereby closing this chapter albeit temporarily until potentially refiled anew under different circumstances or further evidence presented afresh someday soon perhaps?
Representing herself pro se throughout much ordeal Kristine now finds herself back square one seeking justice elsewhere anew possibly meanwhile attorneys previously engaged like Mr J Michael Daly Jr Walker-Daly LLP may find themselves reflecting upon what might have been done differently better next time round surely?
Case ID: No:2024-CA-0094
Judges: Chief Judge Terri F Love
Attorneys: J Michael Daly Jr Walker-Daly LLP