Facts

The plaintiff, a 41-year-old hair stylist had breast implants for cosmetic purposes in 1990. Concerned about leakage of those implants, she consulted defendant David Fellows, M.D., regarding replacements. On Aug. 24, 2004, Dr. Fellows performed a replacement procedure. An infection developed necessitating removal of the new implants. The plaintiff brought this action against the defendant based on negligence and battery.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that she received oversized implants for which she did not consent. The plaintiff claimed the infection was not timely and not appropriately treated, leaving her with no breasts, i.e. no informed consent.

DEFENDANT'S CONTENTIONS:
The defendant contended that plaintiff wanted to be "bigger" and left it up to defendant's best judgment as to what size implants to use; that proper size implants were used, and that all treatment was within standard of care.

Specials in Evidence

$75,000; $65,000; $80,000;

Injuries

The plaintiff claimed loss of breast implants, the need for replacements and emotional distress.

Result

Defense verdict.

Other Information

FILING DATE: July 1, 2005.

Deliberation

four hours

Poll

12-0

Length

six days