FILED

12/1 8/2020 10:47 AM

FELICIA PITRE
6 ClT/ESERVE DISTRICT CLERK
DALLAS 00., TEXAS
Alicia Mata DEPUTY

DC-20-1 8660
CAUSE NO.

LESLY BURROWES, IN THE DISTRICT COURT

PLAINTIFF,
VS.

EBS ENTERPRISES, LLC D/B/A

ELITE BODY SCULPTURE
ENTERPRISES, LLC DfB/A ELITE
BODY SCULPTURE, EBS TEXAS,
LLC, D/B/A ELITE BODY DALLAS COUNTY, TEXAS
SCULPTURE, ELITE BODY
SCULPTURE, INC., D/B/A ELITE
BODY SCULPTURE, ROLLINS
ENTERPRISES, D/B/A ELITE BODY
SCULPTURE, AARON ROLLINS, M.D.,
INDIVIDUALLY AND D/B/A ELITE
BODY SCULPTURE, AND JOSHUA
A. COX, M.D.,
DEFENDANTS. 191 ST JUDICIAL DISTRICT

PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURES

Plaintiff Lesly Burrowes, (hereinafter sometimes referred to as “Plaintiff Burrowes”)

complains of EBS Enterprises, LLC d/b/a Elite Body Sculpture Enterprises, LLC, d/b/a Elite

Body Sculpture, EBS Texas, LLC, d/b/a Elite Body Sculpture, Elite Body Sculpture, Inc. d/b/a

Elite Body Sculpture, Rollins Enterprises, LLC, d/b/a Elite Body Sculpture, (hereinafter

collectively referred to as “Defendant Elite”), Aaron Rollins, MD, individually and d/b/a Elite

Body Sculpture (hereinafter sometimes referred to as “Defendant Rollins”) and Joshua A. Cox,

MD (hereinafter sometimes referred to as “Defendant Cox”) (all Defendants hereinafter

sometimes jointly referred to as “Defendants”), and for cause of action respectfully shows the

Court as follows:

PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURES Page 1

 I.
DISCOVERY CONTROL PLAN
Plaintiff respectfully requests the Court place this cause in Discovery Control Plan Level

3, in accordance with Rule 190.4 of the TEXAS RULES 0F CIVIL PROCEDURE.

II.
JURY DEMAND
Plaintiff demands a trial by jury as provided for in the United States and Texas

Constitutions.

III.
PARTIES
1. Plaintiff Burrowes is resident of Dallas, Dallas County, Texas. Pursuant to Texas

Civil Practice & Remedies Code Section 30.014, the last three digits of her Social Security

number are 793, and the last three digits of her Texas driver‘s license number are 256.

2. Defendant Cox is a licensed medical doctor who practices in multiple counties in

Texas, including Dallas County. He may be served With citation at his usual place of business

located at 347 E Parkwood Dr, Suite A, Friendswood, TX 77546, or wherever he may be found.

At all material times, Defendant Cox, a medical doctor duly licensed to practice in the State of

Texas, represented to the Plaintiff and the public at large that he was a surgeon competent to

provide plastic and cosmetic surgical and medical care within the applicable standards of care,

including the technique using Defendant Dr. Rollins’ AirSculptTM technology involving laser

assisted tumescent liposuction.

3. Defendant Rollins, a medical doctor, who is an individual and a nonresident of

Texas who owns and operates multiple medical facilities in Texas, including Dallas County.

His usual place abode or business is located at 503 E. Dilido Dr. Miami Beach, FL. 33139, or

21700 Oxnard Street, Suite 2030, Woodland Hills, CA 91367 or wherever he may be found. At
PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURES Page 2
all material times, Defendant Rollins, a medical doctor and owner and operator of medical

facilities in the State of Texas, represented to the Plaintiff and the public at large that he provided

medical services at his facilities using surgeons who were competent to provide plastic and

cosmetic surgical and medical care within the applicable standards of care, including the

technique using Defendant Dr. Rollins’ AirSculptTM technology involving laser assisted

tumescent liposuction.

4. Defendant EBS Enterprises, LLC d/b/a Elite Body Sculpture Enterprises, LLC,

d/b/a Elite Body Sculpture, is a Delaware corporation and a medical facility doing business in the

State of Texas and may be served with process by serving its registered agent National

Registered Agents, Inc., 1999 Bryan St., Ste. 900, Dallas, TX 75201. At all material times, on

information and belief, this Defendant was a medical facility duly authorized to provide medical

service in the State of Texas, which represented to the Plaintiff and the public at large that it was

a competently staffed and adequately equipped hospital providing surgeons who were competent

to provide plastic and cosmetic surgical and medical care within the applicable standards of care,

including the technique using Defendant Rollins’ AirSculptTM technology involving laser

assisted tumescent liposuction.

5. Defendant EBS Texas, LLC, d/b/a Elite Body Sculpture is a Texas corporation

and medical facility doing business in the State of Texas and may be served with process by

serving its registered agent National Registered Agents, Inc., 1999 Bryan St., Ste. 900, Dallas,

TX 75201. At all material times, on information and belief, this Defendant was a medical

facility duly authorized to provide medical service in the State of Texas, which represented to the

Plaintiff and the public at large that it was a competently staffed and adequately equipped

hospital providing surgeons Who were competent to provide plastic and cosmetic surgical and

PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURES Page 3

medical care Within the applicable standards of care, including the technique using Defendant

Rollins’ AirSculptTM technology involving laser assisted tumescent liposuction.

6. Defendant Elite Body Sculpture, Inc. d/b/a Elite Body Sculpture is a California

corporation and medical facility doing business in the State of Texas but does not maintain a

regular place of business in Texas and does not have a designated agent for service of process in

Texas. This lawsuit arises from this Defendant’s business in Texas. The Texas Secretary of State

is the agent of service on this nonresident Defendant. Service on this Defendant may be had

through the Texas Secretary of State at 1019 Brazos Street, Austin, TX 78701. At all material

times, on information and belief, this Defendant was a medical facility duly authorized to

provide medical service in the State of Texas, which represented to the Plaintiff and the public at

large that it was a competently staffed and adequately equipped hospital providing surgeons who

were competent to provide plastic and cosmetic surgical and medical care within the applicable

standards of care, including the technique using Defendant Rollins’ AirSculptTM technology

involving laser assisted tumescent liposuction.

7. Defendant Rollins Enterprises, LLC, d/b/a Elite Body Sculpture, is a Delaware

corporation and medical facility doing business in the State of Texas but does not maintain a

regular place of business in Texas and does not have a designated agent for service of process in

Texas. This lawsuit arises from this Defendant’s business in Texas. The Texas Secretary of State

is the agent of service on this nonresident Defendant. Service on this Defendant may be had

through the Texas Secretary of State at 1019 Brazos Street, Austin, TX 78701. At all material

times, on information and belief, this Defendant was a medical facility duly authorized to

provide medical service in the State of Texas, which represented to the Plaintiff and the public at

large that it was a competently staffed and adequately equipped hospital providing surgeons who

PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURES Page 4

were competent to provide plastic and cosmetic surgical and medical care Within the applicable

standards of care, including the technique using Defendant Rollins’ AirSculptTM technology

involving laser assisted tumescent liposuction.

Resgondeat Sugerior

8. At all material times alleged herein, Defendant Cox was the agent and/or

employee of Defendants Rollins and/or Defendant Elite acting within the course and scope of

such agency and/or employment.

9. At all material times alleged herein, Defendant Elite and/or Defendant Rollins

acted by and through its agents and employees, who were acting within the course and scope of

such agency and/or employment.

10. At all material times alleged herein, Defendant Rollins was an agent and/or

employee of Defendant Elite acting within the course and scope of such agency and/or

employment.

IV.
JURISDICTION

11. The total amount of damages Plaintiff seeks are exceed the minimum

jurisdictional limit of this Court. Jurisdiction is proper under TEXAS CONSTITUTION, ART. 5, §8.

The jury in this matter will be solely responsible for determining the amount of the award which

they believe is fair and reasonable.

V.
VENUE

12. Venue is proper in Dallas County pursuant to §15.002(a) of the TEXAS CIVIL

PRACTICE AND REMEDIES CODE as the events giving rise to this lawsuit occurred in Dallas

County.

PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURES Page 5

 VI.
NOTICES OF CLAIM

13. On February 4, 2019 and again on December 4, 2020, pursuant to Texas Civil

Practice & Remedies Code Section 74.051, Plaintiff served Defendant Cox with a written notice

of health care liability claim and statutory authorization for release of medical records.

l4. On February 4, 2019, and again on December 4, 2020, pursuant to Texas Civil

Practice & Remedies Code Section 74.05 l, Plaintiff served Defendant Elite with a written notice

of health care liability claim and statutory authorization for release of medical records.

15. On December l7, 2020, pursuant to Texas Civil Practice & Remedies Code

Section 74.05 l, Plaintiff served or re-served all of the Defendants with a written notice of health

care liability claim and statutory authorization for release of medical records.

VII.
FACTUAL ALLEGATIONS
l6. In or about September 2018, Plaintiff Burrowes consulted with Defendant Cox at

Defendant Elite’s facility in Dallas relying on Defendants’ advertising and representations that

the physicians, including Defendant Cox, were properly trained and competent plastic and

cosmetic surgeons well trained in the use of Defendant Rollins’ AirSculptTM technology

involving laser assisted tumescent liposuction. Defendants extolled the virtues of AirSculpt

compared to traditional liposuction:

“AirSculpt® is a minimally invasive body sculpting procedure

performed in a relaxed setting. This patented treatment permanently
removes fat and tightens skin while sculpting targeted areas of the
body. Results are achieved with minimal pain by plucking away fat,
cell by cell. A majority of unwanted fat cells can be removed with a
single minimally invasive procedure; all this is done without leaving
an obvious scar. AirSculpt® enables your surgeon to sculpt your
body’s contours precisely to your desired look with no lumps or

PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURES Page 6

 ridgesfor a naturally attractive outcome.” (Emphasis added).

“Traditional liposuction is an abrasive surgical procedure that

removes excess body fat and leaves a tell-tale scar. It uses a hollow
suction tube inserted through an incision to remove fat from under the
skin With a scraping motion that is quite violent and imprecise. The
patient is put under general anesthesia before the surgery and stitches
are required to close the incision. Recovery is generally painful with
excessive bruising, which lasts for days or even weeks, and extended
downtime. Results can leave bumps, shelves, ripples, and other
irregularities. Patients sometimes requiring additional procedures to
revise disappointing results.” (Emphasis added).

l7. Defendant Cox recommended plastic surgical procedures to her upper abs, lower

abs, waist, hips, back bra roll and tailbone using Defendant Rollins’ and/or Defendant Elites’

AirSculptTM technology. According to Defendants, AirSculptTM is Laser Assisted Tumescent

Liposuction. using AirSculptTM liposuction. Based on the representations and assurances,

Plaintiff Burrowes agreed to undergo the AirSculptTM technique to her upper abs, lower abs,

waist, hips, back bra roll and tailbone.

18. On December 20, 2018, Defendant Cox performed the procedure at Defendant

Cox and/or Defendant Elite’s facility in Dallas. During the procedure, Defendant Cox caused

extensive injuries and damage to Plaintiff Burrowes by using the liposuction cannula too

aggressively, breaking the cannula during the procedure, continuing the procedure for an unsafe

prolonged period and removing excessive tissue. Consequently, the injuries and damage to Ms.

Burrowes’ body resulted in massive bruising, lesions, infections, extensive skin necrosis and

permanent scarring.

l9. After the surgery, Defendant Cox crammed Ms. Burrowes into a binder that was

too tight, restricted blood ow, and he advised her to wear it tightly. While experiencing

excruciating pain, bleeding, drainage, inammation, and severe tissue necrosis, Ms. Burrowes

PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURES Page 7

returned to Elite for a follow up consultation and post-operative therapy with Defendant Cox.

During multiple follow up meetings, Defendant Cox failed to perform lymphatic drainage

massages. Neither Defendant Elite nor Defendant Cox informed Ms. Burrowes of the true nature

of her injuries caused during surgery. Ms. Burrowes developed multiple complications that Elite

and Defendant Cox failed to properly diagnose and failed to refer her for a higher level of care.

20. As a result of the negligence of Defendant Elite and Defendant Cox, the failure to

recognize the injuries and damage and impending skin necrosis, and the failure to refer Ms.

Burrowes for a higher level of care, Ms. Burrowes was forced to undergo multiple extensive and

intensive medical procedures, suffered severe pain and mental anguish, and now suffers from

permanent disgurement.

21. As a result of Elite and Dr. Cox’s failure to meet the standard of care, Ms.

Burrowes consulted with Innovative Dermatology for evaluation and treatment of her injuries.

Dornechia Carter, M.D., examined Ms. Burrowes and continued her wound care which included

applying generous amounts of ointment, such as Aquaphor or petrolatum. Recognizing the need

for laser interventions following her healing process, Dr. Carter also referred Ms. Burrowes to a

Dermatologist that specialized in laser treatment for further medical care.

22. As instructed, Ms. Burrowes then went to Dallas Center for Dermatology and

Aesthetics. Dr. Kristel Polder examined Ms. Burrowes, noting Ms. Burrowes had necrosis of

tissue and severe purpura post-surgery, as well infection indicated by yellow drainage when

scabs appeared. Due to massive post-surgery scarring across her abdomen, Dr. Polder

recommended that Ms. Burrowes have steroid injections in combination with fraxel repair laser

treatment. Consequently, Ms. Burrowes returned to Dallas Center for Dermatology and

Aesthetics for fraxel repair laser resurfacing of scarring located on the trunk. Dr. Polder

PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURES Page 8

performed four rounds of fraxel treatment on April 18, 2019, May 3 1, 2019, August 1, 2019 and

September 5, 2019. Despite undergoing these fraxel treatments, Ms. Burrowes’ scarring, While

reduced, is still very Visible. Consequently, Dr. Polder recommended that she have fraxel

treatment on the linear scar om the surgery.

20. Following up on this recommendation, Ms. Burrowes went to Plastic and

Cosmetic Surgery Center to consult with Dr. Robert Wilcox. Dr. Wilcox examined Ms.

Burrowes noting: “The skin simply looks like a bad burn.” Dr. Wilcox recommended micro

needling or high-intensity laser skin treatment. In addition, he recommended direct excision of

the largest scar in the left upper quadrant to mobilize the tissue and close it. However, he noted

that it would be impossible to fully restore the skin to a normal condition.

21. On February 7, 2020, Ms. Burrowes returned to Dr. Wilcox and underwent scar

revision surgery to the abdomen. This surgery consisted of cutting out the scar and sowing her

abdomen back together to decrease the width of the scar. Even after her revision surgery, Ms.

Burrowes is left with permanent disgurement and abdominal pain caused by Defendants’

negligence.

VIII.
NEGLIGENCE

DEFENDANT Cox

22. Defendant Cox was negligent in connection with the medical care and treatment

rendered to Plaintiff Burrowes, by committing the following acts and/or omissions which

constitute negligence, as this term is dened by law:

a. Failing to obtain informed consent,

b. While performing laser assisted liposuction, inserting the cannula too aggressively
and supercially bilaterally, causing burn injuries and destruction of the

PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURES Page 9

 subdermal plexus and vasculature and disruption of the blood supply to the
abdomen area,

Using improper surgical techniques to the upper and lower abdomen, which
unnecessarily placed the tissues at risk for vascular compromise, and, in
Plaintiff’s case, caused wound dehiscence, tissue death, and infections,

Failing to provide proper post-surgical therapy and care,

Failing to properly monitor, timely diagnose and properly treat the post-surgery
medical conditions of Plaintiff Burrowes, and

Failing to properly and timely refer Plaintiff Burrowes for specialty consultation
and/or care.

23. Each of these acts and omissions, singularly or in combination with others, jointly

and severally, constituted negligence by Defendant Cox which proximately caused the

occurrences made the basis of this action and Plaintiffs injuries and damages.

DEFENDANT ELITE

24. Defendant Elite was negligent in connection with the medical care and/or

treatment rendered to Plaintiff Burrowes, by committing the following acts and/or omissions

which constituted negligence, as this term is dened by law:

a. Failing to obtain informed consent,

b. Failing to provide proper post-surgical therapy and care,

Failing to properly monitor, timely diagnose and properly treat the post-surgery
medical conditions of Plaintiff Burrowes,

Failing to properly and timely refer Plaintiff Burrowes for specialty consultation
and/or care,

Failing to have adequate and reasonable policies and/or procedures to ensure

proper administration of the AirSculpt procedure,

Failing to enforce policies and/or procedures to ensure proper administration of

the AirSculpt procedure,

PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURES Page 10

 Failing to ensure that the agents and/or employees providing services to patients
have adequate policies and procedures to ensure the health and safety of patients
seeking care and treatment from these Defendants,

Failing to hire and/or retain adequately trained and experienced agents and/or
employees,

Failing to properly train agents and/or employees,

and/or

Failing to supervise agents and/or employees to ensure proper and safe patient
care.

DEFENDANT ROLLINS

25. Defendant Rollins, individually and/or doing business as Elite Body Sculpture

was negligent in connection with the medical care and/or treatment rendered to Plaintiff

Burrowes, by committing the following acts and/or omissions which constituted negligence, as

this term is dened by law:

a. Failing to obtain informed consent,

b. Failing to provide proper post-surgical therapy and care,

Failing to properly monitor, timely diagnose and properly treat the post-surgery
medical conditions of Plaintiff Burrowes,

Failing to properly and timely refer Plaintiff Burrowes for specialty consultation
and/or care,

Failing to have adequate and reasonable policies and/or procedures to ensure

proper administration of the AirSculpt procedure,

Failing to enforce policies and/or procedures to ensure proper administration of

the AirSculpt procedure,

Failing to ensure that his agents and/or employees providing services to patients
have adequate policies and procedures to ensure the health and safety of patients
seeking care and treatment from these Defendants,

Failing to hire and/or retain adequately trained and experienced agents and/or

PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE Page 11

 employees,

i. Failing to properly train agents and/or employees,

and/or

j. Failing to supervise agents and/or employees to ensure proper and safe patient
care.

26. Each of these acts and omissions, singularly or in combination with others, jointly

and severally, constituted negligence by Defendant Elite which proximately caused the

occurrences made the basis of this action and Plaintiff’s injuries and damages.

IX.
GROSS NEGLIGENCE

27. Plaintiffs would further show that the acts and/or omissions of each of the

Defendants, individually or jointly, as set forth above, with respect to the treatment of Plaintiff

Burrowes, constitute gross neglect and entitle her to exemplary damages because such acts

and/or omissions,

a. which, when viewed objectively from the standpoint of each of the Defendants,
involved an extreme degree of risk, considering the probability and magnitude of
the potential harm to Plaintiff Burrowes; and,

b. of which each of the Defendants had actual, subjective awareness of the risk
involved, but nevertheless proceeded with conscious indifference to the rights,
safety or welfare of Plaintiff Burrowes.

X.
COMPENSATORY DAMAGES

28. As a proximate result of the negligent acts and/or omissions of Defendants, jointly

and severally, as set out above, Plaintiff Burrowes has incurred extensive medical expenses in

the past for the botched treatment and subsequent remedial procedures, and in reasonable

probability, will continue to incur medical expenses in the future. Plaintiff Burrowes has been

caused to suffer great physical pain and mental anguish in the past, and in reasonable probability,

PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE Page 12

will continue to suffer the same in the future, if not for the balance of her natural life. Plaintiff

Burrowes has suffered permanent disgurement, and in reasonable probability, Will suffer in this

manner into the future, if not for the balance of her natural life. Plaintiff Burrowes has suffered

permanent physical impairment and in reasonable probability will suffer in this manner into the

future, if not for the balance of her natural life. Plaintiff Burrowes has suffered loss of enjoyment

of life in the past, and in reasonable probability, will continue to suffer the same in the future, if

not for the balance of her natural life. Plaintiff Burrowes has further suffered loss of income in

the past, and in reasonable probability, will continue to suffer the same in the future as she is

now disabled permanently.

XI.
RELIEF

WHEREFORE, Plaintiffs request that the Defendants be cited to appear and answer

herein, and that upon nal hearing of this case, Plaintiffs have judgment of and against each

Defendant for their actual damages, exemplary damages, together with pre- and post-judgment

interest at the highest legal rate, costs of court, and for such other and further relief to which they

are entitled.

XII.
REQUEST FOR DISCLOSURE TO DEFENDANTS
Plaintiffs’ Request for Disclosures on are being served on each Defendant with the

Petition and Citation.

PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE Page 13

 Respectfully Submitted,

THE LAW OFFICES OF TIM O’HARE

weDAVID B. KOCH
SBN: 11643850
TIMOTHY J. O’HARE
SBN: 00795565

1038 S. Elm Street

Carrollton, Texas 75006
Tel: (972) 960-0000
Fax: (972) 960-1330
Email: david@oharelawrm.com
Email: timgQoharelawrmeom

ATTORNEYS FOR PLAINTIFFS

PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE Page 14

 Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.

Stephen Howard on behalf of David Koch

Bar No. 11643850
stephen@oharelawfirm.com
Envelope ID: 49081303
Status as of 12/21/2020 10:06 AM CST

Associated Case Party: LESLY BURROWES

Name BarNumber Email TimestampSubmitted Status

Dustin W. Clay dustin@oharelawfirm.com 12/1 8/2020 10:47:12 AM SENT
David BKoch david@oharelawfirm.com 12/1 8/2020 10:47: 1 2 AM SENT

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Christine Showalter christine@oharelawfirm.com 12/1 8/2020 10:47:12 AM SENT