S**** & Associates, P.C.
attorneys at law
August 24, 2011
Dr. Duc Vuong
200 Hughes Rd.
Dickinson, TX 77539
RE: Christine Peasley; lap band procedure; pre-lawsuit demand letter
This office has been retained by Christine Peasley in relation to a lap band surgery you failed to perform on her.
During the summer of 2009, Ms. Peasley entered a contest to win a free lap band surgery to be done by you. The winner of this contest was to be determined by demonstrating volunteer experience and by an interview by a panel of judges. Ms. Peasley was contacted by your office by telephone telling her that she had been chosen as one of the five (5) finalists for the contest. She was requested to fly to Texas so that she could be interviewed by the judges, and to attend your conference regarding the surgery. Well, in fact Ms. Peasley did travel to Texas; and she did attend the conference held on August 06 through August 07, 2009. Out of pocket, Ms. Peasley paid for her flight (which included using 25,000 sky miles), for a hotel stay, for a rental car, and for the conference admission.
On August 07, 2009 Ms. Peasley was announced as the contest winner. She told you that she was willing to have the surgery at anytime. Your representative, Sherri Morris told Ms. Peasley to plan on having the surgery at some point over the next few months. Ms. Peasely then offered to come down to Texas in January of 2010, then June of 2010, and then July of 2010 to have the surgery. However, you would never finalize with the arrangements with her. She made numerous calls to your office over this period; most of them never to be returned. Finally you told Ms. Peasley in July of 2010 you could not come up with the hospital to do the surgery. You further advised my client that you would follow-up with her to address the matter in more detail. However, you did not contact Ms. Peasley until March of this year, by email with what is suppose to be considered, it seems, an offer an alternative to what you had already awarded Ms. Peasley. Your admission of liability email is attached hereto. Ms. Peasley declined your “offer” in an email she sent back in April 2011. Unfortunately, to date, Ms. Peasley has heard nothing further from you. This whole affair has caused great frustration and wasted time and anxiety and stress to Ms. Peasley. Thus, this letter is sent.
If you are not going to perform the surgery awarded to Ms. Peasley, which she does not want from you any longer, then you will pay her for the cost of it; in the amount of $11,500.00. You will also pay her for her costs and expenses; which total $258.00. You will pay her for her emotional damages. Thus, demand is made for $15,000.00. An appropriate response is requested within ten (10) days of the date of this letter; otherwise, Ms. Peasley reserves the right to sue you.
Very truly yours,
W. T*****, Esq.
on behalf of Christine Peasley