A surgeon who performed a “mommy makeover” surgery on a TikToker who later died from complications has filed a lawsuit against the facility tasked with her post-surgical care, revealing new allegations on what actually happened to Rachel Tussey.
The Ohio TikToker, who went by the username @midlifeunmuted_,” died in March just days after her surgery, commonly known as a “tummy tuck,” took an unexpected and tragic turn.
Tork, who performed Tussey’s surgery and was prominently featured in her videos ahead of the procedure, filed a lawsuit against the surgery center that that handled Tussey’s post-op care, JourneyLite of Cincinnati and Associated Anesthesiologists of Springfield. Tork claimed that after the surgery was finished, Tussey was “alert and stable.”
“In the post-anesthesia care unit (PACU), JourneyLite’s nursing staff allegedly administered a rapid overdose of opioids (far exceeding what she received during the entire nine-hour surgery), causing respiratory failure, anoxic brain injury, and her death two weeks later in hospice,” a spokesperson for Tork said in announcing the complaint.
Tork said in the complaint that he was misled about the facility’s capabilities and safety standards and the situation that followed caused “significant reputational and economic harm to his practice.” The complaint alleges “safety issues,” “unqualified” nurses, a failure to follow proper protocol following an overdose and a subsequent “cover-up.”
JourneyLite declined to comment on the allegations when reached by NBC Chicago by phone. Associated Anesthesiologists of Springfield could not be immediately be reached for comment as the company appeared to have closed.
Meanwhile, lawyers for Tussey’s family said they are “focused on a thorough and methodical investigation into the circumstances surrounding” her death.
Mani Ellis & Layne’s legal team on Tuesday filed a temporary restraining order to “enjoin JourneyLite and Associated Anesthesiologists of Springfield Inc., from further destroying, fabricating, or deleting evidence as it pertains to this case.”
“Our firm is prepared to pursue aggressive legal action to seek appropriate remedies on behalf of the family,” the group said in a statement.
What happened to Rachel Tussey?
For months last year, Tussey had been documenting the lead-up to her February “mommy makeover,” saying she was doing it for herself and telling other moms “this is our time.”
On Feb. 25, Tussey posted her final video before her surgery, saying she felt “a big range of emotions, but mostly it is absolutely excitement.”
Followers were surprised and shocked when Tussey’s husband later shared an unexpected update to her page, revealing something went terribly wrong.
“I sat out in the parking lot all day waiting on her to finish and I got a phone call about 5.45 p.m. that I could come into the recovery room,” he said, noting that her surgery was scheduled to begin at 7:30 a.m. that day.
He said Tussey received pain medications while he was in the room, but things took a turn as he began talking to one of the nurses.
“Next thing you know, I look down and her face is off-color,” he said in the video.
Jeremy Tussey detailed the heartbreaking series of events that followed as he said his wife was without oxygen for several minutes and “suffered severe brain damage,” leaving her sedated and on a ventilator.
A lawyer representing the family said in a statement that Tussey “suffered a permanent anoxic brain injury, for which she will never recover.”
A GoFundMe page for her family revealed that on March 5 Jeremy Tussey “faced the unimaginable and heartbreaking decision to remove her from life support.”
In a Wednesday update, Jeremy Tussey wrote that on Tuesday evening “my wife Rachel lost her battle while in hospice care.”
“Rachel was an amazing wife, mother, and person who touched so many lives. We will carry her memory with us always,” the update read. “From the bottom of our hearts, thank you for standing with our family.”
In a statement to NBC Chicago at the time, Tork called the situation “an unimaginable tragedy.”
“I am devastated for Rachel Tussey and her family, and I am sending my deepest condolences and prayers to her loved ones during this incredibly difficult time,” the statement read. “My thoughts remain with everyone who loved Rachel. I hope that, in time, the full facts surrounding what happened come to light, bringing clarity and some measure of peace to her family and to everyone affected by this heartbreaking loss.”
Tork had previously told PEOPLE in a March 12 statement that the surgery did not take place at his practice, but at an independent facility. Tork stated that the surgery was “completed successfully and without complications” and Tussey was “recovering as expected ahead of her planned overnight stay for monitoring.”
“Because Rachel was scheduled to remain overnight, her post-operative monitoring was overseen by staff contracted by the independent facility, not by my practice,” the earlier statement read. “I was later notified that her condition had unexpectedly changed and immediately returned to assist with her care and transfer to Bethesda North Hospital, where I remained with the family and continued to offer support. I have discontinued all procedures at that surgery center. Out of respect for Rachel and her family, and due to patient privacy laws, I will not comment further.”
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