Law&Crime Sidebar - 9 Shocking Claims Against 'Killer' Surgeon in Wife's Grisly Death

Episode Date: October 16, 2025

A trial date has been set for the plastic surgeon accused of killing his wife during a botched cosmetic surgery. Dr. Ben Brown is charged with a second-degree felony in connection with Hillary Ellington Brown’s death. Law&Crime’s Jesse Weber delves into the latest court developments, arguments, and past allegations of wrongdoing, including previous incidents of over-medication and unauthorized procedures, with Florida trial attorney Alexis Rosenberg.PLEASE SUPPORT THE SHOW: Grow your own audience today – go to https://www.opus.pro/sidebar for 1 week free plus 50% off the 3 months of Opus Pro. HOST:Jesse Weber: https://twitter.com/jessecordweberLAW&CRIME SIDEBAR PRODUCTION:YouTube Management - Bobby SzokeVideo Editing - Michael Deininger, Christina O'Shea, Alex Ciccarone, & Jay CruzScript Writing & Producing - Savannah Williamson & Juliana BattagliaGuest Booking - Alyssa Fisher & Diane KayeSocial Media Management - Vanessa BeinSTAY UP-TO-DATE WITH THE LAW&CRIME NETWORK:Watch Law&Crime Network on YouTubeTV: https://bit.ly/3td2e3yWhere To Watch Law&Crime Network: https://bit.ly/3akxLK5Sign Up For Law&Crime's Daily Newsletter: https://bit.ly/LawandCrimeNewsletterRead Fascinating Articles From Law&Crime Network: https://bit.ly/3td2IqoLAW&CRIME NETWORK SOCIAL MEDIA:Instagram: https://www.instagram.com/lawandcrime/Twitter: https://twitter.com/LawCrimeNetworkFacebook: https://www.facebook.com/lawandcrimeTwitch: https://www.twitch.tv/lawandcrimenetworkTikTok: https://www.tiktok.com/@lawandcrimeSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Wondery Plus subscribers can binge all episodes of this Law and Crimes series ad-free right now. Join Wondry Plus in the Wondery app, Apple Podcasts, or Spotify. The trial date has been set for the plastic surgeon accused of being responsible for his wife's botched surgery. We're talking a manslaughter charge. We're going to dig into the latest court developments and arguments, as well as past allegations of wrongdoing, to see if this is all going to play a role in his criminal trial. And bottom line, we're trying to find out what exactly. exactly may have really been going on at this practice.

Welcome to Sidebar, presented by Law and Crime. I'm Jesse Weber. Let's talk about former Gulf Breeze Florida plastic surgeon Ben Brown. Now, we covered him on a previous episode of Sidebar. I believe it was last year, but he is once again back in the news. And he's back in the news because his manslaughter trial date has been set. Circuit Court Judge Clifton Drake out of Santa Rosa County has set it for May 4th. Now, he is charged with manslaughter by culpable negligence.

That is a second-degree felony, our understanding that can carry significant prison time. And it's basically saying that a defendant killed someone through reckless disregard for human life or recklessly disregarding the inherent dangers of some sort of activity. It's like showing an indifference. So what exactly is he accused of doing? Well, essentially, that he's responsible for the November 28th, 2023 deaths. of his wife, 33-year-old Hillary Ellington Brown. Now, he wasn't arrested until June 17th, 2024. So you have this investigation that lasted some time with authorities ultimately concluding

that Hillary died after Brown operated on her at his restore plastic surgery practice, that he performed cosmetic procedures on her, like scar revision, arm liposuction, injections to her lip and face. This happened on November 21st. And she was on life support, and she died. Now, the big problem is, according to an order restricting Brown's medical license by the Florida Department of Health, and by the way, also according to a probable cause affidavit, which we'll get into, Brown was allegedly not properly registered for this procedure, and his wife, Hillary, the victim, allegedly participated in her own operation, that he didn't have proper life-saving equipment on hand, that he waited to call 911, that he didn't initiate CPR in time, that he really

did not follow the proper medical protocols when doing all this, particularly when administering sedatives. Now, according to the Health Department report that assessed the situation involving Brown, this reported graduate from Georgetown University's Department of Plastic Surgery, we are talking a lot of alleged problems here. Now, to be clear, what I'm about to get into, it is separate from the criminal case, but you have to see, you have to wonder, is there going to be overlap, particularly since it was reported that several women who worked at the medical clinic on the day that Hillary went into cardiac arrest provided testimony. In fact, we'll get into that. But this restriction of license report says, quote, any office where the doctor

performs level two or level three procedures must be registered with the Department of Health and submit to annual inspections. Dr. Brown only performs level one office surgeries at restore plastic surgery and is therefore not registered or inspected by the department. In or around 2021, a medical assistant that worked at Restore Plastic Surgery observed that Dr. Brown's practice began to decline. The medical assistant observed that Dr. Brown began delegating more and more to his physician assistant, Sean Kirby, and his unlicensed wife, who the report refers to as HR, again, the deceased in this case. HR was not a licensed health care practitioner, was not qualified to practice medicine, including performing cosmetic procedures, and was not legally permitted to perform

cosmetic procedures at restore plastic surgery. And what is the proof of that? What is the potential proof at trial? We found that the Surgery Center's Facebook page had at one point had these photos of Hillary seemingly wearing scrubs or nursing garb, appearing to help out with procedures, again, despite the fact that she was seemingly unlicensed. Now, I want to get into a little bit more this incident involving Hillary, okay? HR was scheduled to undergo a miniature muscle placation, abdominal scar revision, bilateral arm liposuction, lip injections, and ear adjustment procedures. And the report states that the morning of the procedure, Hillary prepared her own IV backs that she, quote, ingested a handful of multicolored pills, which included Valium. After

consuming this medication, HR began to exhibit effects of sedation. And despite this, the report states that Hillary then went into another patient's room and removed their stitches. The document It then details the steps that Dr. Brown took to administer medication to Hillary for the procedure. But remember, she prepared her own IV bags, according to this, and hadn't documented exactly what she prepared. So Brown seemingly can't be really sure how much of each sedative he's giving her, right? That seems to be the narrative here. Now, we do know that Hillary was awake because the report states, HR assisted in her own

procedure by suturing the skin back together. During this portion of the procedure, HR became restless and her feet began twitching. Dr. Brown then performed liposuction of HR's arms and her twitching worsened. Dr. Brown documented that he injected a more concentrated solution of lydocaine into HR's face and lips, but witnesses observed Dr. Brown inject undiluted xylacane into HR's face. And the report states multiple times that Brown didn't properly document the medicines and dosages he was giving to his wife. HR stated that her vision started to blur, quote, and she told Dr. Brown that she saw orange,

restlessness, muscle twitches, and blurred vision are all early signs of lidocaine toxicity. Dr. Brown continued injecting lydicane into HR's face. During the procedure, HR became unresponsive and began to have a seizure. A medical assistant asked Dr. Brown if they should call 911, and Dr. Brown said no. Over the next 10 to 20 minutes, a medical assistant asked Dr. Brown if they should call 9-1-1, and Dr. Brown said no or wait. The medical assistant was scared and a new employee, so she did as Dr. Brown instructed. By the way, if you're a fan of what we do here at Cybar, if we're fan of what we do here at Law and Crime, then you know we put out so many clips a day and we put it out really, really fast.

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getting your best content seen by more viewers across all these platforms with the press of just one button. And if you're wondering how good these AI edited videos are from Opus clip, just look at our content here at Law and Crime. Our producers have used Opus to help us cut and share clips of some of our biggest trials really, really fast, by the way. And at Sidebar, we know our listeners have a lot of opinions and ideas to share. And this is the most powerful tool there is to help you edit like a pro and grow your audience. So give it a try for yourself. Go to opus.com slash sidebar to start creating your own videos today. Now, assistants reportedly ran around the office, looking for items as basic as oxygen tanks or even a stethoscope, said they didn't know where

to find them. And Brown apparently started CPR, and finally the medical assistant, not Brown, was the one who called 911. Hillary was rushed to the hospital, never regained consciousness, and died on November 28th. Now, the Health Department report concludes an independent medical expert has determined that Dr. Brown's treatment of HR was a violation of the standard of care, Dr. Brown's continued unrestricted practice as a medical doctor presents an immediate serious danger to the health, welfare, and safety of the public. And the department ordered that Benjamin Brown's medical license be immediately restricted in Florida. That was back at the beginning of May. And on May 15th, the Santa Rosa County Medical Examiner ruled Hillary's official cause of death as, quote, complications following lytocaine toxicity.

And then in June, Brown was arrested. Now, just to add a little bit more context to this, what I'm about to read, is from a probable cause affidavit that was filed in this case, and it reads, Your Affiant spoke to one of the employees via recorded phone interview. She expressed there was a lot of negligence in the office that led to Hillary's cardiac arrest. She stated prior to the surgery, the victim took a, quote, plethora of pills. However, she was unaware of what they were. She stated the victim had prepared her own IV bags, which were supposed to contain diluted

lytocane, which was being used as a local anesthetic. During the surgery, the IB bags ran out, at which time Brown poured, quote, two containers into a bowl. He didn't dilute them or anything and began to inject her arms and later her face. When he did this, Hillary began to say that her vision was blurry. She said her face was really puffy, but Brown continued. She stated she thought that was a sign she was overdosing, and this was when she began convulsing. This was at the point the victim was suffering a medical emergency. This employee stated Brown was asked if they should call 911 several times.

times, but he wanted to try and do it himself. That's a quote. She said, asked four or five times by several staff members, but he continued to tell them wait. She stated there was not oxygen in the room, no EKG to monitor her heart. She said there was nothing they could have done and 911 should have been called. And then there's this. Your affiant later learned, this was not the first incident where Brown had overmedicated the victim for surgery and had difficulty waking her up. During an interview with a former employee, your athlete was told that one day she was witness to a procedure where the victim was receiving a brow lift. She was instructed to give the victim versed.

She believed it was four milligrams. This would have been the typical dose. She was still awake. Then Brown and the victim both advised to give her the victim more, which she did. She stated she may have given a third dose, but she wasn't completely sure. After this, she was out of the room and then could hear Brown yelling the victim's name in an attempt to wake her up. This was not normal, which concerned her, and she responded to the room. She and another tech shared a concern look, but was told it was okay by Brown, so she left

the room. However, after walking out of the room, it occurred again during the same procedure. This time, Brown had more urgency in his voice as he was having difficulties waking her up. This tech further added that in another surgical environment, which she had worked in, she had never seen someone having difficulties in being woken up like that day. Now, okay, so let me bring in Alexis Rosenberg, trial attorney, federal litigator. It's great to see you. Thanks so much for taking the time. So this trial date has been set for May.

That's the big news. Obviously, it could change. What are you going to be looking out for at this trial? Well, first of all, there's a lot to unpack here. I mean, we have a mother, we have the husband that is on trial for her death. We have, I believe, small children that they had. We have the board, you know, coming after him as well. So what here's the thing, negligence itself, by itself, regular old negligence, that's not criminal.

There's not a criminal act for that. So what we're talking about here in Florida is what they have culpable negligence. Some states refer to it as manslaughter. So it is a flagrant disregard for human safety or life. And so what you're going to look at is did his actions in this criminal case rise to that level? Now, the standard for the licensing board, which, by the way, they have not officially revoked his license. So there's going to be a proceeding about that administrative hearing. Now, the likelihood is they're going to because I definitely think at the board, licensing board level,

this standard's been met because there were other issues. that had happened. There was already a complaint against him, by the way, before this happened, and that complaint was amended to include this. So they're going to have to show the state attorneys that this was just beyond simple negligence. And going through each of the things that you talked about in the intro, each one, that it wasn't just simply this one mess up. It was this continual disregard. And the fact that he didn't call 911, which he didn't call 911, when people were saying, we need to call 911, the standard, the standard for three, I believe it was three different incidents along the line was she needed to be taken to the

emergency room at that point. Nobody should have been kept in that in office visit at that point based on the fact she was seizing and so forth and so on. That's why previous allegations or even a previous incident with her foreseeability. Could you see the inherent risk of what was happening, were you on awareness of this and disregarded? That would be a key consideration. Now, Alexis, one of the thing that's going on here is Brown's attorney, so Marco Mara, asked the court to allow Brown to sit in on depositions of some of the prosecution's witnesses. Now, this is something that the prosecution objected to, but it seems the defense believes

that because of his medical background, his training, his experience, he can maybe assist in questioning these witnesses during the depositions. A, is that a strange thing? Do you really see that? I mean, the motion says there are several depositions, including the medical examiner, Dr. Deanna Olesk, and the treating physicians at the hospital during which certain medical facts and certain opinions

regarding the cause of death and related issues to this case will be discussed. Is it standard for a defendant to be part of these depositions? Not going to be asking questions directly to the witnesses, but speaking to his attorney, maybe writing down potential questions. Is that standard? Is that something the court will allow? Generally, the defendant would be allowed to be present at depositions.

The issue is whether they're going to allow him to ask the questions since he is represented by counsel. Maybe not even ask questions directly to the witnesses, but can he be there and like, you know, can I jot down, ask this, ask this, ask this? He may not directly say it, but he may, you know, encourage his lawyers to ask questions. Well, that's not unusual. I mean, the defendant can be at the deposition and not be disruptive and write down on a pad like you just said questions like, can you ask this, or they can take a break, they can go out and you can say, oh, by the way, ask this and that. So I don't really find that to be highly unusual. I think in this case, and I'm not sure, Jesse, you'll have to tell me, is he out on bail or not, or is he still incarcerated? I think that may be the problem because if he's actually not been given bail,

then now we have a logistical issue having to do with having him there when he is in jail. But normally if he was out, yes, he could be present at those depositions. He could not, because he's represented by counsel, actively asked questions or do anything that would disrupt that deposition, but he does have a right to be there. Yeah. As far as we know, I think his bond was set at $50,000 and he was still in the jail. I couldn't confirm whether that had changed. But you make a good point. I will tell you, Judge Drake indicated he wanted to hear from both sides on this. seemingly we'll decide this at a later date. One of the questions I have, and it seems that we're getting a sense of it, is this trial really going to be a battle of experts to determine how Hillary died? What was the cause of death? And if it wasn't lytocaine toxicity, What could be a potential cause of death that would negate manslaughter here? So I think it's going to be a combination. There is also going to be whether he was following the standard of care.

Because remember, it is that he flagrantly disregarded the safety of her. It's not simple negligence. So what level you're going to have to have experts say, okay, the standard of care. For instance, when someone is seizing for, you know, in office, treatment or operation that you are supposed to call 911, you know, that you are supposed to have the EKG, you're supposed to have extra fluids, you are supposed to inspect the IV, for instance, a nurse. So it's going to be a cumulative testimony as to what the medical protocol was supposed to be and how he disregarded that protocol and how that it rose to that level.

I'll tell you, one of the things that I think is very interesting is you almost had not a mini trial, per se, but maybe a preview of what to expect at the criminal trial because of this administrative hearing that was held by the Florida Department of Health because they were looking to further sanction Brown. They're petitioning Florida's division of administrative hearings to impose more penalties, permanently revoking or suspending his license, maybe even fines. And I talked about how witnesses provided their accounts, but actually it was reported that Brown had testified. at the hearing too. Defended his practice, defended his actions, said he was trying to protect his wife. And the first thing I thought of, okay, this could be a preview of him may be testifying and him may be explaining what happened. Now, obviously, it's the defendant's choice, but I do wonder if this is a case where he may say, I think it's necessary for me to take the stand and explain what happened that day. So he may not have to do that because we have this other

testimony before the licensing board. Now, it is important to remember that that, that standard is much lower and what they're looking at is not whether he was you know it was manslaughter but they're looking at was a was he what his actions a danger to the public and if it breached that standard that's required of doctors that's much lower and it's a different focus than we're going to have although there are you know obviously what took place is the same set of facts That administrative hearing, we believe, finished up last month, so it's waiting on the judge who's overseeing that case to issue a final summary to the Florida Board of Medicine. They're going to have the say on what happens to Brown's medical license, and you had indicated that there's probably a strong likelihood he might lose it. But there's also been civil litigation.

Okay, so there are reported two medical malpractice lawsuits against Brown's restore plastic surgery. There's one that names him as a defendant, according to USA Today. And I just want to briefly talk about this lawsuit that was filed against Brown, Baptist Hospital, Restore Plastic Surgery, North Florida Surgeons, Northern Florida surgeons, Pensacola Plastic Surgery. And this is on behalf of Brown's former patient named Wendy Cardin and her husband. And according to the Daily Mail, Cardin alleges that Brown used, quote, foreign materials in a postmasectomy reconstructive breast surgery back in 2018 that this caused infection. infection, sepsis, that she suffered nerve damage, permanent injury. The case appears to be ongoing. It's being reported the parties couldn't reach a settlement through mediation. Alexis, A, thoughts on that kind of lawsuit. And B, does that play a role in the criminal case? I think it is going to play

a role because once again, you need to show that there was a disregard for human safety. and that is going to show almost like a pattern that you have, that they come in, that he was not following the protocols, because this is really going to get down to the protocols. It's not that he intentionally tried to kill her. They're not alleging that. That's not what he's being tried for. And I'm sure he's very sad that his wife and the mother of his children is no longer here. So that is going to go to the fact that he was not following.

appropriate protocols, not just here. This wasn't simple negligence where he made a mistake, but he just had a pattern of not following these protocols. And also, you know, with those two lawsuits, you know, that potentially can come in because in Florida, when it comes to your license, you, if you have a certain amount of malpractice claims against you, you can lose your license just for that. So, you know, if you're found to be liable for those. So I think that is going to potentially play into this as well. Now, when he was first under investigation, his family released a statement defending him,

highlighting the quote, many myths truths circulating online and in the media. Ben is completely devastated by the sudden loss of his loving wife Hillary and is desperately trying to understand how to live one day, never mind a lifetime without her by his side. They called the surgery minor and routine. Quote, our lives have been permanently upended

by the loss of Hillary and we will forever keep her in our hearts. This is what the family statement said. The other side of it is Hillary's father, Marty Ellington, told the Pensacola News Journal that his daughter died because of, quote, one careless individual, quote, his ego and arrogance overshadowed the need for help, prolonging oxygen deprivation to her brain and ultimately causing her death. Ben Brown took the mother from my grandchildren, my only daughter, and our brightest star. Now, how much is that going to factor in also into this case when you have the competing, seemingly, the competing feelings, emotions, narratives from family members here, Alexis?

Well, I mean, at sentencing, that would come in. That's not necessarily going to come in as part of the trial, and that sounds to me like a natural reaction. But I also, and I hate to blame the victim, but it just seems from the allegations, this was a very sloppy medical practice based on those allegations. It also seems like the wife wasn't entirely innocent because we have allegations that she's making IV bags,

the allegations that she is injecting people without a license, which is criminal in itself, and we, you know, that she's taking handfuls of pills. So this really, to me, is sloppy that he should have, and the files not being documented correctly, that, you know, we didn't know, nobody really knows exactly how many pills, exactly what was in that IV bag. The only person that knows that is the deceased. So I don't think that's going to come out. I think it would be a bad, you know, a bad thing for the state attorney to try to victimize the victim.

But also, you know, it's ultimately his responsibility. You know, if he was the physician, it was his responsibility to make sure that the whatever was in the IV bag was correct, whatever amount of pills she was taking was correct. It comes down to the doctor. Any way you cut it. And one of the thing real quick, this is something we brought up in our previous episode of Sidebar on this. I want to just bring it up again. These were not the first allegations of alleged medical malpractice made against Dr. Brown. The Health Department report detailed two other alleged incidents.

I just want to get into. So the first involves a patient referred to as BF. This is a 40-year-old woman. According to the report, she, quote, met with Dr. Brown to discuss undergoing a brink. rest implant replacement, tummy tuck, liposection, fat injection into her lips. During the consultation, Dr. Brown recommended patient BF also receive gluteal fat injections, also known as a Brazilian buttlift, BBL. Patient BF did not want a BBL and specifically stated she did not authorize Dr. Brown to

inject fact into her buttocks. Despite patient BF's decision not to receive a BBL, Dr. Brown accurately documented in patient BF's records that she wished to have gluptus. fat injections to improve the lateral contour of her buttocks. The report said that in addition to her other procedures, Brown also did the fat transfer. Again, this unauthorized procedure, that's the allegation. And she claims when she returned for a scar revision surgery, Brown delegated the procedure to that physician assistant, I mentioned before, to Sean Kirby.

And BF referred to the procedure as, quote, pure torture. It says, quote, neither Mr. Kirby nor the other assistants were surgical face masks despite patient BF's large open abdominal wound. According to BF, she eventually took off her bandage to find she had a deep hole in her stomach. BF also claimed that Hillary, who the allegation is this is an unlicensed person acting as a medical professional, perform laser therapy on her at a later visit. On February 14, 2024, patient BF was interviewed by the department. Patient BF reported that her body is disfigured from the treatment she received from Dr. Brown

and his employees between 2021 and 2023. The other complaint listed refers to a woman called J.H, a then listed 55-year-old woman. And once again, the report states that J.H. did not want a BBL. However, the doctor apparently performed one anyway. And the following month, J.H.'s abdominal incision allegedly opened, began leaking fluid, and then she returned to Dr. Brown's office for a follow-up. Quote, patient J.H confronted Dr. Brown about her enlarged butto. and Dr. Brown stated that he performed a BBL and thought that she would, quote, would love it.

Brown reportedly put J.H. into a compression garment, then went around her abdomen, which she was unable to remove on her own. When she returned to the office, a medical assistant removed the garment, and patient J.H. had a large area of skin necrosis on her abdomen. And necrosis is when cells in your body, the body tissues, they die, so it's basically like gangrene. Dr. Brown observed patient J.H.'s necrotic skin and advised that it would need to be excised. Dr. Brown cut a hole in her abdomen that was approximately seven inches long, four inches wide and half an inch deep. Dr. Brown attempted to resuture the area, but the suture split open. Dr. Brown packed patient J.H.'s open wound with acetic acid and gauze and sent her home. The open wound on patient J.H.'s

abdomen did not heal. Dr. Brown broke down and told patient J.H. that everything was a mess. And the patient's friend who was a nurse and finally took the woman to the emergency room. The consulting surgeon observed patient J.H.'s wound and stated that it was horrific and that she had never seen anything like it. To this day, patient J.H. still has constant pain in her diaphragm, abdomen, abdomen, and hips. Now, Alexis, got these two accounts. I do wonder, once again, could this play a role in the criminal trial? And you do wonder whether or not that will help the prosecution, because you have these accounts where a defense, defense attorney may say, well, if there really was a problem, why did you keep coming back?

Why don't you just go to someone else? But at the same time, you know, how are they supposed to know what's going on? I do wonder, what do you think about these two accounts? Well, so, I mean, a lot of times it's not unusual. If that you have a treatment and there's some sort of complication, you're going to go immediately back to your doctor. And you don't necessarily know immediately how bad it is or even if it's unusual because, you know, when you go in, they do this whole, this could happen, that could happen. So you don't know.

Most people don't have medical licenses. So yeah, I mean, luckily she ended up going and going into the ER and hopefully getting some treatment, even though you said she's still in pain. This, I mean, this definitely goes towards having his license permanently taken away, all of those factors for sure. I think that the defense is going to try very hard to keep this out. that they're going to say that it's not immisible, it's not pertinent, obviously, to the situation that's specific to his wife. And I'm not sure that necessarily we, that they need it. I'm sure the state attorney wants it, but I'm not sure they necessarily need it because the testimony that's probably going to come in from all of these nurses that sound like they have been traumatized by the situation and will be able to testify what the protocols are. or what exactly happened. I think this is so egregious what happened to the white

that they don't necessarily need those other things to come in if they're not able to get them in. Yeah, they might say it's too prejudicial. It's not relevant to the situation at hand. But look, we wanted to bring it up because it is another series of allegations. Okay, we'll continue to see what happens. Lexus Rosenberg.

Thanks so much for taking the time. Great to see you. Thanks, Jesse. Thanks for having me, as always. And that's all we have for you right now here on Sidebar, everybody. Thank you so much for joining us. And as always, please subscribe on YouTube, Apple Podcasts, Spotify, wherever you get your podcasts.

You can follow me on X or Instagram. I'm Jesse Weber. I'll see you next time. Spotify.