Win for the plaintiffs in Dr Lanzer Class Action
24 Oct 2024
In May 2024, the plaintiffs sought to file a proposed amended statement of claim, which document forms the basis of their case against the defendants. The defendants had made numerous applications to strike out parts of the plaintiffs' claims. At a two-day hearing in July, the plaintiffs were successful in defending against these applications and the Court has now approved the plaintiffs filing of amendments to their claim.
As Justice Forbes stated in Her Judgment issued on 2 October 2024: "Since the September [Statement of Claim] the issues in the group proceeding have been tolerably clear to the Court and are able to be responded to by the defendants in their defences."
The Court's judgment allows the plaintiffs to seek damages for disappointment and distress, and to pursue their claims that the plaintiffs were misled by the defendants' social media on the Lanzer website, and that they were misled by the defendants' representations that the defendants were specialist surgeons with specialist surgical training. Her Honour noted in the judgment that "[e]ach doctor has admitted that they do not hold plastic surgery qualifications."
Maddens Lawyers launched the Dr Lanzer Class Action in 2022 on behalf of all patients who have suffered loss and damage due to cosmetic surgery performed at Dermatology and Cosmetic Surgery Services Pty Ltd by one or more of the defendants.
Kathryn Emeny, Maddens Lawyers' Class Action Principal, said the judgment was an important step to fully outline the nature of allegations against the defendants in this class action.
Over 1,000 group members have registered to date, with registrations continuing to be received.
Ms Emeny further commented that Maddens Lawyers' legal team continue to hear harrowing accounts of peoples' experiences with Dr Lanzer's clinics.
Maddens Lawyers are advancing the Dr Lanzer class action on a 'no win, no fee' basis.
Prior patients of Dr Lanzer's clinics are encouraged to register online here or contact the firm on 1800 815 228.