A Virginia woman sued a Houston, Texas, plastic surgeon after her son discovered topless before-and-after photos of her posted to his website.
According to reports, the unidentified woman received treatment for breast cancer in 2004. During that time, she consulted with Dr. Pierre Chevray, who showed her nude before-and-after photos of anonymous former patients. He reportedly told the woman that he needed the photos to “create symmetry and ensure the best outcome,” according to the suit.
“Defendant specifically promised that plaintiff's photographs would not be used on the internet,” the suit stated. “Defendant further assured plaintiff that there would be no way to identify the photographs as her own."
Chevray also assured the woman that the photos would remain confidential and not be released publicly.
However, years later, in June of 2013, the woman’s son returned home from a birthday party and informed his mother that he did a Google search of her name at the party and discovered the topless photos.
The humiliated mother subsequently contacted the hospital where she consulted with Chevray to find out how the photos ended up on his website. She was allegedly informed that the hospital did not have copies of the photos in their possession.
When the woman visited the hospital the next month, officials told her that Chevray had taken the photos and not returned them. He had also ended his affiliation with the hospital and started a private practice in Houston.
Chevray, according to reports, submitted a “general denial” of the claims in his response to the suit.
“Therefore, the awards are unduly vague and do not meet the requirements of due process,” his answer stated. “In essence, the defendant is subject to all of the hazards and risks of what amounts to a fine."
"Insofar as the lodestone of the Texas punitive damage system is in the depth of the defendant's pockets," the answer continued, "that invidious discrimination is itself an affront to the federal and state constitutions' equal protection mandates."
The suit is currently pending and Chevray has subsequently requested that the case be decided by a jury.