Facts

Plaintiff Zenaida Hamrick, a 62-year-old beautician, came to plastic surgeon, Dr. Michael A. Peters for bilateral breast reduction surgery on referral from her primary care physician. All alternative treatment forms had been exhausted including acupuncture, physical therapy, and injections, all for her lower back, upper back and shoulder pain caused by the plaintiff's large breasts. She had a previous breast reduction in 1981. The initial meeting was on Oct. 13, 2008, and Dr. Peters performed the bilateral breast reduction on Nov. 24, 2008. Subsequent to the breast procedure, in January 2009, Dr. Peters performed a neck liposuction on the plaintiff. There was an attempt to tattoo her nipples in April 2009. On May 5, 2009, the last time Dr. Peters saw the patient; she expressed dissatisfaction over the way her nipples looked.

Plaintiff claimed lack of informed consent.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed nipple loss, areola loss, loss of sensation, breast asymmetry, and painful breast. Plaintiff claimed she was never advised of these risks prior to her surgery. She was only told she would have breast reduction procedure, not a free nipple graft.

DEFENDANTS' CONTENTIONS:
Dr. Peters claimed that plaintiff was advised of all the risks for the procedure, and in fact, was told that she was going to have a free nipple graft, which meant that her nipples would actually be excised off and then re-sutured on which would cause severance of her nerves and loss of sensation.

Settlement Discussions

Plaintiff demanded $149,000. Defendant offered $30,000.

Specials in Evidence

$200 in deductibles No loss of earnings since plaintiff had not worked since 2002 because of her back and shoulder pain. $25,000

Injuries

Plaintiff claimed that she suffered emotional distress and could no longer do the things that she did before despite her age of 64.

Result

Defense verdict.

Other Information

INSURER: The Doctors Company.

Deliberation

1.5 hours

Poll

9-3

Length

four days