Facts

On March 20, 2013, Dr. Joseph Bettencourt performed Intense Pulsed Light treatment to plaintiff's face and other parts of her body. Bettencourt did not provide plaintiff with an eye shield during the procedure. Plaintiff sustained injuries to her left eye. She sued Bettencourt for medical malpractice and medical battery. Her husband asserted a claim for loss of consortium.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant failed to properly perform the IPL procedure by failing to provide her with eye protection. As a result, the laser shot into her eyelid and into her eye, causing her permanent eye injuries. She claimed that defendant ignored instructions and warnings provided by the IPL device manufacturer that warned against using the device around patients' eyes without first providing eye protection.

DEFENDANT'S CONTENTIONS:
Defendant conceded that plaintiff suffered from some iritis, which resolved in a couple of months, but otherwise disputed the claimed injuries.

Damages

Plaintiffs sought $6 million in damages.

Injuries

Plaintiff contended that the laser fused her iris to her cornea. She claimed that she experienced extreme pain in her affected eye and light sensitivity so severe she could not withstand virtually any light exposure.

Result

The jury found that Bettencourt's negligence was a substantial factor in causing plaintiff's harm and awarded her and her husband $213,000 in damages.

Other Information

Post trial, the parties settled for $275,000.