None of my treating doctors were very cooperative in speaking with my attorney. They all charged from $350.00 an hour up to $1,000.00 an hour to speak to my attorney and to give testimony.

There were several doctors who did examine me, but refused to testify. For example, I was examined by Rod Rohrich M.D from Dallas, Texas. Rod Rohrich M.D refused to testify that his medical records did state that due to my lack of breast tissue a breast lift should not be performed on me, as there was a great risk of losing my nipples. When I asked Rod Rohrich M.D. to please help me by testifying, he claimed that he sees these surgeons at meetings and would not get involved.

I spent many years as a court reporter working medical malpractice cases and had witnessed so very many doctors refuse to testify regarding other doctor’s mistakes, especially plastic surgery mistakes. Dr. Rod Rohrich’s position was very upsetting to me because he did say and put in writing that the procedure that was the basis for my complaint should not have been performed on me. Dr. Rod Rohrich practiced in Dallas and these were Chicago plastic surgeons. How do these doctors sleep at night when they know patients that come to them are victims of medical malpractice yet refuse to simply tell the truth about their findings? I was also examined by Rodger Peilet M.D. from Chicago, Illinois. Rodger Pielet M.D. also agreed with my position but was unwilling to testify. Knowing what I know from my court reporting career Dr. Rodger Pielet’s position didn’t surprise me, because he did practice in the same community with other Chicago plastic surgeons. In spite of knowing this it still didn’t make it any easier to swallow.

We chose a jury from prospects that were not good. The jury selection is not a fair process and is a real crapshoot as to what type of jury you will end up with. It is not like on television in the high profile cases where selection goes on and on until you find an impartial jury. You are permitted to excuse a fixed number of potential jurors and whoever is left sitting in the jury box is your jury. I did not end up with a smart, fair, and impartial jury. For example: I actually had a Hispanic juror that told the court that she had trouble with the English language, yet was still told to remain on this case that would consist of mostly medical testimony. Another juror was the son of a doctor. Another person that sat on my jury was a young woman who made her living selling pharmaceuticals to doctors. She smiled and nodded her head at Dr. Kagan and his attorney frequently throughout the trial.

I took the stand and testified that I had never heard of a Benelli before seeing Dr. Kagan. I explained that I did not want, nor did I consent to the Benelli. I further explained that I told each and every doctor I saw after Dr. Kagan that Dr. Kagan did a breast lift on me without my consent. None of my treating doctors wanted to talk about my legal complaint of having surgery performed on me without my consent but concentrated solely on my medical complaints. I complained to every doctor about the pain in my nipples which they attributed to the fact that I had open wounds dripping blood and puss for a year. I described how I had to change my bra and shirts multiple times per day due to the blood. I woke up every morning in a bloody mess. I had to sleep sitting up for an entire year because leaning back even slightly caused my implants to go further into my armpits causing my arms to go numb. I slept so poorly because of that problem that I was always tired. I could not workout and jog as I had done for years before Dr. Kagan operated on me. I had gotten married after the surgery and my painful breasts made my sex life with my new husband very difficult. I spent an entire day on the stand often feeling humiliated by the defense attorney, Mr. Tarpey. I finished my testimony feeling victimized by Dr. Kagan yet again.

Mr. Tarpey made rude and degrading comments about me to my attorney often. Mr. Tarpey blew up a picture of my breasts to giant poster size that he had with him in the courtroom. It appeared by his having that photograph in the courtroom that he was planning on using it as an exhibit to show the jury during the trial. Mr. Tarpey apparently changed his mind about using the blow up at trial, but left it sitting along the wall in the courtroom where people could clearly see it. I was horrified. I just thank God he didn't admit that into evidence because I don't know how I would have dealt with the embarrassment of having that size picture of my breasts sitting on display in open court for all to see.

Dr. Coleman testified in my trial by video deposition. Dr. Coleman made it very clear during his testimony that he was not happy about being involved in my lawsuit. Dr. Coleman did however give a truthful opinion of the surgery Dr. Kagan performed on me, in spite of the fact that Dr. Kagan flew to Dr. Coleman's office in Indianapolis and sat there staring at him during his entire testimony. I have the utmost respect for Dr. Coleman for being honest in giving negative opinions of the surgery that Dr. Kagan performed on me, in spite of the fact that it is so distasteful for doctors to speak against each other. Dr. Coleman testified that my implants were not placed in the proper position based upon what he found when he operated on me and that he placed them in the proper position. When asked by Mr. Tarpey if it is indicated in his notes anywhere that I told him I "underwent a Benelli without ever consenting to it or authorizing it? I know you said she told you that. I want to know if you noted it anywhere, because I didn't see it?" Dr. Coleman answered "Probably not. I tend not to record stuff like that." Dr. Coleman was then asked "After reviewing the operative record, the office notes, and the consent form, was there anything in those records that indicated that Shellie Beverlin consented to the Benelli procedure performed on her?" Dr. Coleman answered "I didn't note anything." He was then asked in his opinion if I gave consent for the Benelli procedure and he responded that in his opinion I did not. Dr. Coleman was asked if he had an opinion "as to whether or not it was a deviation from the standard of care (malpractice) for Dr. Kagan to perform a Benelli procedure on Shellie Beverlin?" He responded that it was a deviation from the standard of care. He went on to say "that would be a very dangerous procedure" to perform on Ms. Beverlin.

At a pretrial hearing, Jay Paul Deratany told the judge that Richard T. Caleel DO told him he thought Dr. Kagan shouldn't have done the Benelli. The judge was also informed that Dr. Caleel didn't want to go to court, didn't want to testify, and would not be giving any opinions. (I had to pay Richard T. Caleel DO $375.00 for that conversation). Nonetheless, Michael Tarpey subpoenaed him to court. At trial Dr. Caleel was asked many, many questions by Jay Paul Deratany about my breasts and the surgery performed by Dr. Kagan, to all of which he replied that he had no opinion. Finally Jay Paul Deratany asked, "Doctor, you've been performing plastic and reconstructive surgery for some 25, 30 years…," and Dr. Caleel responds, "I've been doing surgery for more than that." Yet he had no opinions. His nurse Elana was the one that took the pictures of my bleeding and disfigured breasts at his direction and she repeatedly urged me to sue Dr. Kagan. I asked her to testify, but she refused saying that she couldn't afford to lose her job. Mr. Tarpey called Dr. Caleel as a witness to ask him if I ever complained to him that a breast lift was done without my consent and of course Richard T. Caleel D.O. said that there was nothing in my medical record stating that I told him that. Based upon that, Michael Tarpey would have the jury believe that I must be lying, because as you can see from his testimony, Richard T. Caleel D.O. is such a forthright doctor. Richard T. Caleel D.O. gave testimony that demeaned and degraded me.

Michael D. Cohen M.D. of Baltimore, Maryland also testified for Robert S. Kagan MD. Dr. Michael D. Cohen stated that when he saw me for Robert S. Kagan MD, "All wounds were healing nicely." I was in his office in tears with sutures hanging out of my wounds, dripping blood and puss. Dr. Cohen considers that to be "healing nicely"? Dr. Cohen was asked if he remembered my being upset during the visit and he answered "somewhat." Michael Cohen M.D. notes state that "after much hand holding and reassurance patient felt better about this otherwise normal postoperative course of events." I found Dr. Cohen's "hand holding" statement very demeaning. My postoperative course was anything but normal.

John Q. Cook M.D. of Chicago, Illinois, was the expert witness for Robert S. Kagan MD. John Q. Cook M.D. testified that he has reviewed 10 to 15 cases mostly for defendant doctors. That he knew Dr. Kagan from as far back as when they were surgical residents together. That Dr. Kagan has referred patients to him, while he has not referred patients to Dr. Kagan (Why?). That Dr. John Q. Cook had charged $350.00 an hour for his work in this case and to date had earned about $7,000.00 for his involvement. He testified that Dr. Kagan's version of the events was more credible than mine (he has never met or spoken to me). John Q. Cook M.D. stated that Dr. Coleman's opinion of my surgery and problems is "ludicrous". Dr. Coleman is a Harvard Medical School graduate, the Professor of Surgery at Indiana University School of Medicine, the Chief of the Plastic Surgery Section of the Department of Surgery and is Chairman of the American Board of Plastic Surgery. Dr. Coleman examined me, operated on me several times, and took care of my medical problems for years after Kagan's surgery. Dr. Coleman did not have a relationship with Dr. Kagan. Dr. Cook has never examined me, has only reviewed medical records and is a friend of Dr. Kagan. John Q. Cook M.D. testified that based on the photographs taken by Richard T. Caleel, Dr. Kagan's surgery IMPROVED the appearance of my breasts. Dr. John Q. Cook testified that, "it improved the position of the nipples and the balance the size and balance." I couldn't help but wonder if John Q. Cook M.D. was confused as to which were the before and which were the after pictures. Or was the desire to help a doctor and colleague accused of malpractice so strong that he was unwilling and incapable of seeing things as they really were.

Michael Stanton-Hicks MD charged $700.00 an hour for his testimony—which I had to pay for along with Jay Paul Deratany’s expenses of going to Cleveland on four separate occasions. Dr. Michael Stanton-Hicks required that the attorneys make four trips to Cleveland Clinic to get his complete testimony over a one-year period. The first time he testified, he stated that he reviewed the thick stack of medical records the patient supplied him, but he was not sure how thoroughly and that I suffer from neuropathic pain. He believed at the time that he first saw me I had had four previous breast surgeries. The second time Michael Stanton-Hicks MD testified he said that he believes all my surgeries have caused some pain in my breasts but that the "proximate cause to the neuropathic pain of which the patient now complains is the surgery where the areolas were taken away [by Dr. Kagan]." He testified that he expects me to have this pain for the rest of my life. The fourth time that Dr. Stanton-Hicks testified was the testimony that the jury heard and saw by video (they will never hear or see the first two). During the testimony the jury heard, Dr. Michael Stanton-Hicks testified that he did not know about all my previous surgeries. He only knew about the initial mastectomies and the surgery performed by Dr. Kagan. He testified that he was never supplied with my medical records. Once again, I was put in a very demeaning light by another doctor, Dr. Michael Stanton-Hicks, who was incorrect and contradicted his own previous testimony. To add insult to injury, I had to pay $5,000.00 to Dr. Michael Stanton-Hicks M.D. for his involvement in this case.

Dr. Kagan testified at his deposition before trial that he has previously reviewed records for defendant doctors. There is no shortage of doctors willing to review patient records in an effort to defend another doctor accused of malpractice. When your case involves plastic surgery mistakes while testifying you will be the target of questions from the defense attorney that will shock you. This very same doctor that you went to for him/her to perform your plastic surgery is now going to make you appear as a vain and unreasonable person. The very same doctor who discussed all these safe and wonderful procedures to enhance your looks is now going to attack you in ways you never dreamed of for having plastic surgery. This of course is going to be done by the defense attorney, not the doctor himself. By the time you are done testifying and leave the stand you will be at the very least holding back tears, if not actually crying. You will be feeling attacked and publicly humiliated. I had my surgery out of medical necessity but that didn’t stop that kind of attack on me. As a court reporter I have witnessed plaintiffs that have had elective plastic surgery gone wrong and have seen how they have been brutalized on the stand. Most victims of plastic surgery mistakes will never find an attorney to take their case. My website receives endless emails from such people asking if I can help them find an attorney.

While testifying, Dr. Kagan was shown my receipt from his office that details the charges for the implant removal and replacement of new implants that I paid to him at the cost of $1,800.00. It does not show a charge for the Benelli breast lift, or mention a Benelli procedure at all. Dr. Kagan reviewed the document and was asked to explain the charges, and he said, "I can't interpret this." Dr. Kagan is asked what he charges for a breast lift and various other procedures to which he replies that he has no idea. (Dr. Kagan is on a web site titled www.smartbreastaugmentation.com where it states that a breast lift is $3,505.00, not including hospital and other related fees. Dr. Kagan testified at his deposition that he did the Benelli procedure on my breasts for free. Dr. Kagan testified at trial that the breast lift charge was included in the $1800.00 that I paid him before surgery.

Questions were then asked of Dr. Kagan regarding the surgical consent document. The form does not include consent to perform a Benelli breast lift anyplace on it. Dr. Kagan was asked, "…on December 14th, 1994, (the day of the surgery) when you did sign this document, did you in fact read what the consent form listed as the procedures you would be performing?." He answered, "I believe not completely." The procedures listed consisted of eleven words. He was asked, "And why would you not do that?" He answered, "Because it's usually right before surgery, I'll take a look at it and sign it. Because it's the hospital's rule that as they wheel them into the operating room, to hurry up and sign it." He was asked "In fact, there is no mention in the Consent to Operation of doing a Benelli lift?" He answered, "correct." He then testified that he considered a form he has in his office and calls the "Breast Implant Patient Review and Advisory" his consent to do the Benelli (even though it doesn't talk about the Benelli). He stated that he reviewed all 45 items listed on it with me before he took me into surgery, and I signed it. He stated he usually goes over that form with the patient in his office and does not know why he went over it that morning with me in the surgery holding area.

I had asked Mr. Deratany numerous times, beginning with when I hired him to represent me, then by telephone, fax and email, to secure the testimony of hospital administration to show how truly dishonest Dr. Kagan was in his testimony regarding the "hospital rule." I firmly believe that hospital administration would have vehemently denied that the "hospital rule is to hurry up and wheel them in" before getting proper consent. Mr. Deratany stated he did not believe that hospital administration would willingly help us and go against one of their own doctors. Mr. Deratany never even attempted to speak with them. I finally stopped trying to get Mr. Deratany to contact hospital adminstration when in response to an email I sent him asking him to do so yet again he responded on 8/19/01 "discovery has closed." That means the date has passed for discovery and that we could not introduce any new witnesses or evidence for the upcoming trial. I responded in an email on the same date with "Could you use administration or risk management as impeachment witnesses?" An impeachment witness means that you can bring in a witness or witnesses at trial that were not previously listed to testify during discovery to show that a witness that has testified during the trial lied. Mr. Deratany did not respond to that question.

Dr. Kagan also testified during discovery that I had previously had my nipples/areolas cut on. He claimed that he only went through the preexisting surgical sites—implying that if I was injured there it was by another surgeon.

At the trial, Dr. Kagan gave testimony that differed from his deposition testimony given prior to trial, at least four times. Dr. Kagan testified at trial that he was mistaken during his deposition testimony when he said I had scars around my areolas when I first came to his office. It defies logic that Dr. Kagan, a plastic surgeon, was mistaken as to whether or not my areolas were cut prior to his doing so. How could a trained plastic surgeon make a mistake with such an obvious question? Is there a scar, or not? I believe he realized that his deposition testimony made him look dishonest because no surgeon had ever removed my nipples/areolas before him, so he decided to change his testimony at trial. That is a pretty important fact to be "mistaken" about. I believe his changed testimony makes Dr. Kagan look dishonest and incompetent.

After Dr. Kagan did the Benelli procedure to me that I did not wish to have, I phoned five different Chicago surgeons to see how much that procedure costs. I was quoted prices ranging from $3,500.00 to $5,500.00 for that procedure. Based on the judges ruling, I was not permitted to tell the jury that or ask any of the testifying doctors what they charge for the Benelli breast lift. Dr. Kagan was asked and he answered that he didn't know what he charged at the time of my surgery for that procedure.