Facts

In March 2008, plaintiff Jacqueline Robinson presented to her family practitioner complaining of coughing up "chewing gum"-like matter over several weeks. Her doctor discovered an abscess on her right tonsil and referred her to Dr. Robert Habbestad, an otolayngologist. She visited Habbestad who recommended both a tonsillectomy and an adenoidectomy. However, Robinson did not have the procedures done until a year later on Feb. 9, 2009.

Robinson sued Habberstad, alleging medical malpractice for failing to obtain her informed consent and negligent performance of the surgical procedures.

PLAINTIFFS' CONTENTIONS:
Jacqueline Robinson claimed to have developed scarring and stenosis of the nasopharynx as a result of the surgery performed by Habbestad. Further, she claimed that she would require further surgery to improve her nasal breathing.

Moreover, she claimed that the procedures were unnecessary given that she never complained of severe sore throat or experienced pain due to the unknown condition. She also claimed that the doctor failed to obtain her informed consent by failing to disclose specific complications as a result of the recommended surgeries. Further, she claimed that the adenoidectomy caused her scarring.

DEFENDANT'S CONTENTIONS:
Habberstad disputed Robinson's claims and claimed that she did, in fact, complain of multiple episodes of sore throat, coupled with the severe discharge calling for the need for a tonsillectomy and that she missed days at work during the initial visit. Further, that the scarring and stenosis were known complications of the two surgeries and that the procedures were appropriate.

Damages

Robinson missed a few weeks from work and sought $4,000 in past lost earnings as well as $220,000 in damages for pain and suffering. Her husband, Andre, sought recovery for loss of consortium.

Injuries

Robinson developed scarring and stenosis of the naspharynx, allegedly as a result of the tonsillectomy and adenoidectomy performed by Habberstad. She underwent two procedures following Habberstad's surgeries to open up her nasopharynx and improve nasal breathing. She claimed she had no ability to breath through her nose and could not taste food during the one-year time period in between Habberstad's procedures and the subsequent procedures. She lost 20 pounds during that time. Her breathing improved following the corrective surgeries, but she claimed that she could not blow her nose due to discomfort. She also claimed that she would require future surgery.

Result

The jury rendered a unanimous defense verdict.

Deliberation

two hours

Poll

12-0

Length

five days