Litigating Filler Complications: Five Decades of Legal Outcomes in the United States

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ID: 325522
2026
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Abstract
Injectable fillers are increasingly used in aesthetic medicine, yet the medicolegal factors driving liability remain poorly defined. We conducted a retrospective review of U.S. civil litigation involving aesthetic injectable fillers using Westlaw and LexisNexis (1967-2025), extracting variables including filler type, anatomical site, provider credentials, practice setting, complication severity, FDA approval status, informed consent, and legal outcomes. Of 325 screened records, 46 met inclusion criteria. Claims were filed a mean of 2.4 years after the incident, with a mean of 2.5 years from filing to final decision. Plaintiff and defense outcomes were nearly evenly split (51% vs. 49%). The most implicated fillers were autologous fat (n=13, 28.3%), hyaluronic acid (n=12, 26.1%), and biostimulatory agents (n=12, 26.1%). The most common anatomical sites were the face, head, or neck (n=31, 67.4%), followed by breast (n=5, 10.9%) and buttock or body contouring (n=4, 8.7%). Neither physician credentialing, filler type, nor complication severity was significantly associated with legal outcome. Med-spa procedures had a 100% plaintiff verdict rate versus 47% in private clinic or hospital settings (p=0.024), and unapproved fillers had a 100% plaintiff verdict rate versus 44% for FDA-approved products (p=0.021). Documented informed consent was strongly protective, with substantially lower plaintiff verdict rates (8% vs. 65%, p=0.001). Liability was most strongly associated with regulatory and practice context rather than complication severity, filler type, or provider credentials, highlighting the importance of using FDA-approved products, ensuring thorough informed consent documentation, and maintaining appropriate oversight in medical spa settings.
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Authors Tran Binh Le, David Le, Stephanie Vaidis, Katie G. Egan, David W. Mathes, Brooke French, Phuong D Nguyen, David Khechoyan, Christodoulos Kaoutzanis
Journal Aesthetic surgery journal
Year 2026
DOI
10.1093/asj/sjag168
URL
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