Plastic surgeon's defamation case thrown out - Cincinnati News, Weather, Sports from FOX19 NOW-WXIX

Plastic surgeon's defamation case thrown out

Dr. Jean Loftus of Fort Wright. Lisa Hutson/FOX19 Dr. Jean Loftus of Fort Wright. Lisa Hutson/FOX19
Catherine Nazari of Greendale, Ind. Lisa Hutson/FOX19 Catherine Nazari of Greendale, Ind. Lisa Hutson/FOX19
COVINGTON, KY (FOX19) -

Catherine Nazari of Greendale, Ind. said she posted negative reviews of her plastic surgeon online after she suffered horrible scars and disfigurement from her procedures.

That surgeon -- Dr. Jean Loftus of Fort Wright -- took her to court for those comments but the outcome was something neither one of them expected.


"I had breast implants, breast lift, arm lift and a tummy tuck all in the same day," said Nazari, 54.


Nazari said she underwent plastic surgery in 2006 to remedy loose skin caused by losing weight but what she woke up to was not what she expected.


"My hands were numb. I had no feeling in my arms or my hands and she said it was due to the surgery, that it would come back in time but it never did," she said.


Unsightly scars and permanent nerve damage Nazari says are the results of that surgery. Soon after, she took to the Internet to warn others about her plastic surgeon.


"I just wanted people to know. Be diligent. Do your research," she said.

But Loftus has a different view.


"I can't stand by and let someone say absolutely false, disparaging, untrue statements, blatant defamatory accusations about me," Loftus said.

Loftus said the comments Nazari posted online about her practice were not negative reviews. They were lies. She said Nazari had a previous nerve condition that is causing her medical problems. Her incisions were not even deep enough to reach her nerves according to Loftus. That is when she decided to sue Nazari for defamation.


"I did not file this suit to make money or to win an award. I filed this suit to bring out the truth," Loftus said.


But a U.S. District Court judge in Covington did not agree and dismissed the doctor's defamation claim and Nazari's counterclaims citing under the 1st Amendment, Nazari had a right to her opinion. Local defamation attorney Rob Linneman isn't surprised.


"This outcome is the outcome most constitutional scholars would have predicted. The consideration that is given to most 1st Amendment cases is what effect will it have on other people who would make comments if we punish this person for making this comment," Linneman said.

Loftus disagrees.


"It gives everybody the lead way to say whatever they want about anything they want and essentially hide behind the 1st Amendment," Loftus said, noting she is most concerned about the precedent her case has set.


Though she is still unhappy with her procedures, Nazari is glad the legal fight is over.


"My whole life has been disrupted because of all of this," she said.


Nazari filed a medical malpractice suit against  Loftus but the case was thrown out. No medical expert could support her claims that the problems she is experiencing are a result of plastic surgery.

 Copyright 2014 WXIX. All rights reserved.



  • FOX19 HeadlinesMore>>

  • State fair officials work to reassure visitors about safety

    State fair officials work to reassure visitors about safety

    Monday, July 23 2018 1:47 PM EDT2018-07-23 17:47:27 GMT
    There was a ride malfunction at the Ohio State Fair on Wednesday. (Source: Narkatta)There was a ride malfunction at the Ohio State Fair on Wednesday. (Source: Narkatta)

    State officials are working to reassure visitors the Ohio State Fair will be safe a year after a catastrophic ride failure left an 18-year-old dead and seven others injured.

    Full Story >

    State officials are working to reassure visitors the 2018 Ohio State Fair will be safe after a catastrophic ride failure left an 18-year-old dead and seven others injured last year.

    Full Story >
  • Uber suspends driver who live-streamed St. Louis passengers

    Uber suspends driver who live-streamed St. Louis passengers

    Sunday, July 22 2018 9:59 PM EDT2018-07-23 01:59:54 GMT
    Monday, July 23 2018 1:47 PM EDT2018-07-23 17:47:20 GMT
    The driver allegedly livestreamed almost all 700 rides to his Twitch channel. (Source: Abhijit Bhaduri/Flickr, File)The driver allegedly livestreamed almost all 700 rides to his Twitch channel. (Source: Abhijit Bhaduri/Flickr, File)

    Ride-sharing company Uber has suspended a driver who recorded hundreds of St. Louis-area riders without their permission and streamed the live video online.

    Full Story >

    Ride-sharing company Uber has suspended a driver who recorded hundreds of St. Louis-area riders without their permission and streamed the live video online.

    Full Story >
  • Deadly LA market shooting started with domestic feud

    Deadly LA market shooting started with domestic feud

    Monday, July 23 2018 1:25 AM EDT2018-07-23 05:25:22 GMT
    Monday, July 23 2018 1:47 PM EDT2018-07-23 17:47:15 GMT
    (AP Photo/Damian Dovarganes). A makeshift memorial of flowers, candles and notes grows on the sidewalk outside the Los Feliz Trader Joe's store in Los Angeles, Sunday, July 22, 2018. A day earlier, Trader Joe's employee Melyda Corado was shot and kille...(AP Photo/Damian Dovarganes). A makeshift memorial of flowers, candles and notes grows on the sidewalk outside the Los Feliz Trader Joe's store in Los Angeles, Sunday, July 22, 2018. A day earlier, Trader Joe's employee Melyda Corado was shot and kille...

    The violence began when the suspect shot his grandmother several times after she complained about his having too many television sets on, according to a relative.

    Full Story >

    The violence began when the suspect shot his grandmother several times after she complained about his having too many television sets on, according to a relative.

    Full Story >
Powered by Frankly