Facts

Libby Beebe, 63, underwent a CT scan that revealed a thymic mass. Her healthcare providers believed the mass to be benign. She was given the option of undergoing surgery to remove the mass or waiting six months and then undergoing further examination. Beebe chose to undergo surgery. The thymectomy was performed by Eric Peck, a cardiothoracic surgeon. Beebe suffered vocal cord injury and post-operative stridor that caused her to have difficulty breathing and speaking. She ultimately required a permanent tracheostomy. Beebe sued Dr. Peck for medical malpractice.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Dr. Peck committed malpractice by failing to get her informed consent before performing the surgery and by failing to perform the surgery properly.

DEFENDANT'S CONTENTIONS:
Defendant contended that he told plaintiff about the benefits and risks of the procedure and therefore obtained her informed consent, even if the consent was not given in writing. He also claimed that he properly performed the surgery.

Settlement Discussions

Plaintiffs demanded $250,000 and the defense offered $29,999.

Damages

Plaintiffs asked the jury for $475,000 in damages. Plaintiff's husband sued for loss of consortium.

Result

The jury returned a defense verdict.

Deliberation

two days

Length

nine days