Athenix Body Sculpting Lawsuit: Malpractice, Doctors, and Sanctions

Athenix Body Sculpting Institute, a West Coast chain of cosmetic surgery centers, has been named in more than a dozen malpractice lawsuits alleging disfigurement, severe scarring, permanent brain damage, and a patient death, along with sexual harassment claims at two locations and state medical board actions against affiliated surgeons. The heaviest concentration of cases centers on the Fresno, California, facility and its former primary surgeon, Dr. Kevin Ciresi, who surrendered his medical license in June 2022 rather than continue fighting a revocation accusation.

Malpractice Cases at the Fresno Center

By September 2020, the Fresno location and Ciresi had been named in at least ten malpractice lawsuits over roughly four years.¹ The complaints describe a recurring pattern: botched procedures, inadequate follow-up, and injuries the patients say have not healed.

Cheri Myers: Brain Damage After a Face-Lift

On October 25, 2016, Cheri Myers went in for a face-lift. Shortly after Ciresi injected local anesthetic into her face and neck, her heart stopped. She suffered permanent brain damage that court filings describe as “global severe memory problems,” and she now needs around-the-clock care. Ciresi argued that Myers had suffered takotsubo cardiomyopathy, a sudden weakening of the heart muscle, and that she had been aware of surgical risks. Myers and her husband, Richard, settled the case in 2018 for $3.7 million with no admission of liability.²

Jessica Cortez: Death After a Tummy Tuck

In September 2019, Jessica Cortez had a tummy tuck and liposuction performed by Ciresi. The Medical Board of California later alleged that Ciresi ignored signs of infection and failed to properly assess her cardiac condition after surgery. Cortez went into cardiac arrest and died the following morning.² Her family filed a wrongful-death lawsuit in Fresno County Superior Court. In April 2022, the court entered summary judgment in favor of Ciresi and Athenix, and costs of $1,085 were assessed against the plaintiffs.³

Shelby Lowery: Breast Augmentation

Shelby Lowery sued Ciresi and Athenix Physicians Group in August 2020 in Fresno County Superior Court. Her complaint alleged that Ciresi used breast implants larger than she had requested, and that a revision surgery only made things worse, leaving her with misshapen breasts, severe pain, infection, significant scarring, and implants that shifted position.¹ Lowery also alleged Ciresi appeared impaired during treatment, describing him as “hung-over” with “bloodshot eyes,” “shaky hands,” and “speech difficulties.”² Ciresi’s attorneys disputed the impairment claim, pointing to negative breathalyzer results for the days he treated Lowery, and sought sanctions against her legal team for including the allegation. The case was ultimately settled.⁴

Kelly Coulter: Burns From a Micro Contouring Procedure

Kelly Coulter sued Athenix and a Southern California doctor over a July 2018 “micro contouring” procedure. She alleged severe external burns to her abdomen and hip, blackened skin, open wounds, a permanent scar the size of a smartphone, and a twelve-inch internal scar that limited her movement.¹ The case, filed in Fresno County Superior Court as 19CECG03789, remained unresolved as of early 2023, when an alternative dispute resolution conference ended in impasse.⁵

Dr. Kevin Ciresi’s Disciplinary Record and License Surrender

Ciresi’s history with the Medical Board of California goes back to 2002. The board disciplined him repeatedly for incompetence, driving under the influence, and disobeying board orders.¹ His license was revoked twice, in 2016 and 2019. Both times the board stayed the revocation and placed him on probation, letting him keep practicing.²

In February 2019, he was ordered to stop practicing after a positive alcohol test and returned to work about a month later. In July 2019, the board imposed a new seven-year probation term after further non-compliance.¹ Athenix kept him on. The company said the Medical Board had not found him to be a risk to consumers.⁶

In November 2020, the board filed a formal accusation seeking outright revocation, citing the Myers and Cortez cases and three other cases of alleged gross negligence.² Ciresi surrendered his medical license on June 6, 2022. His attorney, Peter Osinoff, said Ciresi had “decided to retire from the practice of medicine.”⁴

Accusation Against Dr. Parviz Goshtasby

The California Medical Board also went after Dr. Parviz Goshtasby, an independent contractor at the Fresno Athenix center in 2018. Its formal accusation alleged gross negligence, repeated negligent acts, and incompetence tied to a July 2018 liposuction on a 51-year-old woman. The board said Goshtasby removed approximately 6,500 cubic centimeters of fat, a volume that required a hospital setting rather than an outpatient surgery center. The patient developed skin necrosis, a hematoma, scarring, and skin contour deformities.⁶

The board also accused him of false and misleading advertising for claiming to be “triple-board certified.” Goshtasby filed an intent to dispute the allegations. As of late 2020, an administrative hearing had not been scheduled.⁶ Athenix said it had terminated him for failing to meet its surgical standards and safety regulations.

Sexual Harassment Lawsuits in Fresno and Portland

In Fresno, a former staff member who had served as Ciresi’s workplace monitor sued him for sexual harassment, alleging sexually explicit comments to female employees and unwanted physical contact. That case was settled.¹

In Portland, Oregon, employees filed complaints with the state Bureau of Labor and Industries alleging sexual harassment and discrimination at the Athenix location, operated by Northwest Surgical Development of Portland, LLC. The complaints named Dr. Aric Aghayan and others, and the complainants went on to file two lawsuits in Multnomah County Circuit Court. Those state cases spawned a separate federal action in which Athenix’s insurer, Kinsale Insurance Company, sought a declaration that it had no duty to defend or cover the claims, arguing the company had known about the alleged misconduct before the policy began and had not disclosed it. A federal magistrate judge stayed the insurance dispute in October 2020 pending the state cases.⁷

Washington Regulatory Actions

Two surgeons connected to Athenix’s Washington operations also drew state scrutiny. Dr. Gavin Dry, who worked at the Bellevue center, reached a disciplinary agreement with the state’s Medical Quality Assurance Commission after a DEA investigation into the theft of a prescription pad and roughly 265 fraudulent Adderall prescriptions. He was placed on five years of state probation and required to complete substance abuse treatment.⁸

The same commission charged Dr. Jose Garcia with unprofessional conduct for performing surgeries in a facility that lacked proper accreditation. Garcia had been placed on probation twice before. He denied wrongdoing and said he was appealing.⁸

Where the Cases Fit

Athenix’s litigation is part of a wider pattern in the cosmetic surgery chain industry documented by a joint KFF Health News and NBC News investigation called “The Body Shops.” That reporting counted twelve wrongful-death lawsuits filed against such chains over roughly seven years and found patient allegations of undertrained doctors, high-pressure sales, and missed complications. There is no federal database tracking safety records or complication rates at cosmetic surgery clinics, and many chains use mandatory arbitration to keep settlement terms confidential.⁹¹⁰ Confidential settlements are one reason the public case count almost certainly understates what patients have alleged against Athenix and its peers.

1
The Fresno Bee. Malpractice Lawsuits Against Athenix Body Sculpting Institute
2
Los Angeles Times. California Medical Board Accused Fresno Doctor of Negligence
3
UniCourt. Shannon Kilgore vs. Kevin Ciresi, Medical Doctor
4
The Fresno Bee. Athenix Body Sculpting Lawsuits
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Trellis Law. Kelly Coulter vs. Athenix Body Sculpting Institute ADR Status Report
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The Fresno Bee. Athenix Body Sculpting Doctor Accused of Gross Negligence
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GovInfo. Kinsale Insurance Company v. Northwest Surgical Development of Portland
8
KOMO News. State Takes Action Against Two Local Plastic Surgeons
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NBC News. Cosmetic Surgeries Patients Allege Disfiguring Injuries
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KFF Health News. The Body Shops: Cosmetic Surgery Injuries and Deaths Investigation