Facts

On Feb. 7, 2010, plaintiff Bertha Alluin presented to Dr. John Benlavi with complaints of a toothache. Alluin went over the treatment options with Benlavi and was then put under local anesthesia. Benlavi removed the tooth causing problems and inserted two implants. Alluin claimed she never consented to the implants and complained that she was left with permanent nerve damage to the side of her face. She sued Benlavi, alleging that he failed to obtain her informed consent, and that his actions constituted medical battery and negligence.

Benlavi claimed that Alluin verbally consented to having the implants inserted prior to being put under anesthesia, and that her conduct was enough to constitute an informed consent.

Damages

Alluin sought recovery of $20,000 for future medical care, $75,000 for past pain and suffering, and $700,000 for future pain and suffering.

Result

The jury returned a defense verdict after finding that Alluin consented to the implants.

Deliberation

one hour

Poll

11-1 (defense)

Length

four days