A 5’2″ investment banker who had surgery to lengthen his legs is suing his doctor for more than £1m over a ‘car accident’ operation.
Harvard graduate Elaine Foo, 49, had always been ‘self-conscious about her height’ and decided to take action after ‘being bullied’ while working on the trading floor of Bank of America Merryl Lynch in London, the High Court heard.
He went under the knife of surgeon Dr. Jean-Marc Guichet – known as the ‘father of leg-lengthening’ – in 2016, undergoing a procedure to increase the length of the femur, and therefore his overall height.
The operation involved Dr Guichet ripping his thigh bone in half, extracting the marrow inside the bone and inserting a telescopic metal rod, held in place with pins.
The stem is designed to gradually increase in length through a ratchet mechanism, pulling the two cut pieces of bone apart in stages, with healing bone filling the gap between them and increasing the length of the leg.
But Ms Foo is now suing, calling the operation a ‘car accident’ and claiming she endured five years of hell, unable to walk without the aid of crutches because of Dr Guichet.
He said that he had caused his left leg to break due to a disability during the operation, and also said that the rod attached to his right leg – known as the ‘Guichet nail’ after its inventor – was accidentally extended. , leaving him with his short left leg ‘dangling 16cm from the ground’ when he stood up.
Problems with the operation were eventually resolved and he can now walk normally – also about four inches taller than his previous 5ft 2in, the court heard.
But he is suing the surgeon, demanding more than £1m in damages for pain, treatment and lost earnings over five years to settle the matter.
But Dr Guichet denied any wrongdoing and claimed that Ms Foo was to blame for her right foot becoming longer, insisting that she had deliberately enlarged the toenail, contrary to his instructions.
Richard Baker KC, for Ms Foo, told Judge Anthony Metzer KC: “Prior to the index event, she was an energetic, hard-working, tall person.
“During most of his adult life, the claimant was aware of his height and had investigated the prospect of surgery to make him taller. In 2016, the prosecution contacted the defendant, an orthopedic surgeon who claimed to be a specialist in leg lengthening surgery.
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‘The plaintiff underwent the leg length procedure advertised by the defendant. Despite the fact that he admitted to embarking on surgery many can be considered as a miracle, he did it for very real personal reasons because of the problems he has encountered in life in relation to his height.
The lawyer said Ms Foo was off work on gardening leave when she had the operation and then left in October 2016, because she had been ‘paid a huge debt without recognition.
As a complication after the operation, the lawyer claimed that Dr Guichet had inserted a very thick rod into Ms Foo’s left leg and as a result had to burn the bone, making it weak and prone to fracture.
He also claimed about his right foot that the doctor failed to treat the problem properly when Ms Foo told him that the nail was extending on its own and that it was ‘scary’.
The surgeon also allegedly created a 1cm gap in his right femur during the operation, which prosecutors allege caused the bone to not heal properly.
He will have to undergo several additional surgeries to correct the disparity in the length of both legs until the problem is finally resolved this year, his lawyer said.
The lawyer added: “He was left for quite a long time with a very different leg length. The long-term impact is that he needs years of follow-up and only recently has he regained mobility without crutches.’
He told the judge Ms Foo had complained of ‘accidental clicking’ extending her fingernails and told the doctor it was ‘scary’ in consultations.
‘She has suffered significant damage to her mental health caused by her ongoing disability,’ the lawyer told the judge, adding that because her condition is now stable Ms Foo’s claim is based on past losses, without any claims for the future. damage or loss of earnings.
In the witness box, Ms Foo told the judge that, when she signed up for the operation, she was shown a document outlining the potential complications of the radical procedure.
He said: ‘It’s up to six pages. It’s like studying for a driver’s license, except you sign up for a covered car accident.
“If you have a big difference in leg length, you anxiously wait for the news every day and you want it fixed as soon as possible,” he said.
Rob Sowersby, on behalf of the surgeon, argued that the difference in leg length was as much as 16cm and denied negligence on the part of the doctor.
“Ms Foo said that the fracture on the left side and delayed bone regeneration on the right side were due to Dr Guichet’s negligence, and the nail on the right femur was broken and continued to lengthen without deliberate action,” he said. .
‘Dr Guichet’s case is that there was no negligence, that the fracture and delayed bone healing were unintended complications that Ms Foo was warned of before the operation, and that the limited right-sided bone regeneration was exacerbated by use that Ms Foo was not aware of. anti-depressants and deliberately growing the nail on his right foot beyond the agreed length.’
He said Ms Foo ‘often refused’ to follow the surgeon’s advice and neglected rehabilitation and physiotherapy.
He also failed to identify the time he claimed to have complained to Dr Guichet that his ratchet was experiencing too many ‘unintended clicks’ so that his legs were lengthening in an ‘unwanted or uncontrollable way.’
‘Any patient who is worried that they are experiencing hundreds of involuntary clicks, and their legs are getting out of control, then the fact is very clear to the treating doctor, but there are no notes, text messages, emails or conversations where Ms Foo makes this statement to Dr. Guichet,” he said.
The trial continues.
Contact the news team by emailing webnews@metro.co.uk.
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