Erica Russell of Nashville, TN, was 33 years old when she traveled to Coral Gables, FL, for a Brazilian butt lift procedure at Seduction Cosmetic Center. John Sampson, MD, was Seduction Cosmetic’s appointed physician. He was not an appointed surgeon. However, he performed Russell’s Brazilian butt lift on June 16, 2021. Multiple organs were punctured during the procedure and Russell died a few hours after it began.[]
Russell’s family filed a lawsuit against Seduction Cosmetic Center in March 2024. According to the lawsuit, both Seduction Cosmetic and Dr. Sampson told Russell that Dr. Sampson had cosmetic and plastic surgery privileges. In a 2020 letter to the Florida Department of Health, Dr. Sampson said he did not perform any surgery. His official duties at the cosmetic center included ensuring the facility complied with health and safety standards.[]
During the surgery, Dr. Sampson allegedly punctured Russell’s abdominal walls and internal organs multiple times, including puncturing her liver, intestines and bladder. Dr. Sampson also reportedly misplaced fat injections. About two hours into the surgery, Dr. Sampson placed a clot that blocked Russell’s blood flow, leading to fatal cardiac arrest.[]
According to the lawsuit, Russell was not the only patient who underwent surgery between April and June 2021. On June 16, Russell was one of seven patients that Dr. Sampson performed surgery during a single 14-hour shift. The lawsuit names both Dr. Sampson as well as Seduction Cosmetic.[][]
Multiple violations
Gretel Jardon and Luis Jardon own Seduction Cosmetic Center. However, the Florida Department of Health has determined that because he served as the designated physician, responsibility for violations at the center rested with Dr. Sampson. Board investigators found multiple violations at Seduction Cosmetic, including:[]
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Postoperative follow-up for one or more patients completed by an unlicensed staff member signing as a nurse or physician.
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Surgical procedures performed by a physician who is not registered with the Ministry of Health to perform surgery in the office.
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Physicians listed on the registry who no longer worked at the facility.
In September 2022, the state fined Dr. Sampson $20,000. He was barred from performing procedures involving gluteal fat grafting and from serving as an appointed physician at any surgical center. In January 2024, Dr. Sampson was fined an additional $8,000 and required to take a five-hour medical law and ethics course.[]
According to the Florida Department of Health’s license verification tool, Dr. Sampson is still active. She is also still listed as a professional for Seduction Cosmetic Center.[]
Misleading qualifications and malpractice
Russell’s family claims that Seduction Cosmetic Center and Dr. Sampson were falsely advertising Sampson’s position at center. This suit is not the first time a doctor or practice has been accused of false advertising. Misrepresenting or overstating qualifications or scope of practice in any marketing material could be considered false advertising. Malpractice cases across the country include allegations of false advertising.
Rich Cahill, vice president and associate general counsel of Doctors Company, the largest physician-owned medical malpractice insurer, says ensuring accurate advertising is important for any physician or facility.
“A recurring concern facing clinical providers, especially since the advent of the Covid pandemic, involves the marketing of services, products and staff,” said Cahill.
“Qualifications, including education, training, work experience, licenses, certifications, and specific areas of expertise of physicians, dentists, and advanced practice providers must be accurate and detailed without any embellishment, leaving no room for misinterpretation . The types of care and treatment offered should be defined using simple terminology and avoiding unnecessary technical language or vocabulary,” he continues.
Cahill warns that violations may be considered fraud and may not be covered under malpractice insurance.
“Policies that provide malpractice coverage may not be applicable or enforceable for such violations, depending on the language of existing exclusions and limitations set forth in the policy,” explains Cahill, who goes on to say that the consequences for false advertising may exceed a single malpractice case.
“Dissatisfied patients can file a complaint with the state’s physician licensing agency, which can, in turn, lead to adverse outcomes for the provider, including revocation, suspension, financial penalties, suspension, and negative publicity, all of which can to report to the National Practitioner Data Bank and hospital credentialing committees, cause damage to a licensee’s reputation that can take years to repair at significant cost,” says Cahill.
