No Criminal Charges for Matory, Hoo

The Orange County district attorney will not pursue criminal charges against Drs. W. Earl Matory Jr. and William Hoo in connection with the death of a liposuction patient, a top prosecutor said Tuesday.

Matory, a plastic surgeon, and Hoo, an anesthesiologist who recently completed his training, were stripped of their medical licenses last month by the Medical Board of California after a lengthy trial.

They had been accused of gross negligence in the death of Judy Fernandez of La Habra, who died of blood loss after 10 1/2 hours of surgery including large-volume liposuction, a mini face lift, a brow lift and a laser resurfacing of the face and neck.

The procedures were performed at Matory’s outpatient surgery center in Irvine, but Fernandez never regained consciousness. She was taken to Irvine Medical Center, where she died.

The administrative law judge who presided over the trial criticized the physicians for repeatedly disregarding indications that Fernandez’s condition was deteriorating.

Deputy Dist. Atty. Christopher Evans, who attended nearly every day of the administrative trial, said he considered a range of homicide charges but decided the evidence was insufficient. Among the standards for a charge of involuntary manslaughter, he said, is that the death cannot be the result of inattention or mistaken judgment.

Lloyd Charton, Matory’s attorney, hailed Evans’ decision.

“While I didn’t see any criminal activity from the beginning, I did appreciate the amount of attention given by Mr. Evans. He listened to every word, and this was a well-thought-out and just decision, Charton said. Matory, he said, “appreciates at least being spared what would have been a horrible set of circumstances” of being jailed for criminal prosecution.

Evans said the decision to not prosecute “does not pass judgment on the quality of any civil case” or the decision by the medical board.

Matory’s lawyers are preparing to appeal the medical board’s decision. In addition, at least nine malpractice lawsuits have been filed against him by other former patients. Fernandez’s family is considering a civil lawsuit as well.

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The anesthesiologist’s correct name is Robert K. Hoo, not William Hoo.

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