Facts

On Nov. 1, 2010, Dr. Thomas Stevenson and Dr. James Rosing performed a breast reduction surgery on Shaylynne Slack at the University of California, Davis Medical Center. She subsequently filed a lawsuit against the doctors and the Regents of the University of California.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that the doctors did not make her asymmetrical breasts symmetrical and instead, inflicted hypertrophic scars (a thickened, reddened scar that stands out from the surrounding skin) because they were negligent. She argued that they took out an excessive amount of tissue from her smaller breast, which caused them to be asymmetrical. Last, she claimed that Dr. Stevenson abandoned her because he did not properly follow up with her and she did not know that Dr. Rosen would be involved at all.

DEFENDANT'S CONTENTIONS:
Defendants argued that they performed within the appropriate standard of care and that plaintiff should have known that asymmetry could occur after her surgery. Last, Stevenson argued that plaintiff's claim that he abandoned her afterward, was untrue.

Settlement Discussions

Plaintiff demanded $249,000 under CCP Section 998 and defendants offered to waive costs under CCP Section 998.

Damages

Slack requested $458,000 due to pain and suffering and her husband, Phillip Slack, asked for $50,000 on his loss of consortium claim.

Injuries

Plaintiff suffered hypertrophic scarring and disfigurement of her breasts, has breast pain, and suffered emotional upset due to the asymmetry. Her husband also claimed loss of consortium.

Result

The jury found in favor of defendants.