Facts

On Jan. 7, 2010, plaintiff Jane Doe, 49, underwent a breast MRI. During the examination, she was face down when Roe technologist attempted to place an earplug into her ear. Frightened and somewhat startled, plaintiff asked the technologist if an earplug was really necessary. The technologist indicated it was not and proceeded with the MRI.

During the examination, Plaintiff experienced pain and was subjected to a loud banging noise, which she claimed caused permanent damage, including tinnitus and hyperacusis.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the American College of Radiology's guidelines and policies and procedures of Roe MRI Center mandated ear protection. As a result, Plaintiff claimed that she had permanent tinnitus and hyperacusis.

DEFENDANT'S CONTENTIONS:
Defendant claimed that Plaintiff knowingly and voluntarily declined ear protection. Defendant alleged the American College of Radiology does not have a mandatory standard as to the wearing of earplugs. Defendant further alleged hearing protection is only recommended not mandatory. Defendant claimed Plaintiff did have on headphones during the MRI examination.

Defendant claimed Plaintiff did not use devices at her disposal and which she was instructed on to terminate the examination if her hearing was being affected. Defendant alleged the Radiologist involved with the Breast Center had approved the protocols and testified to same
The Technologist testified Plaintiff was the only person to refuse ear protection. Defendant alleged the technologist followed the protocols of the Breast Center. Defendant admitted there was evidence Plaintiff did sustain an ongoing hearing loss from this MRI examination.

Settlement Discussions

Plaintiff demanded $250,000. Defendant offered $25,000.

Damages

Plaintiff claimed general damages of $250,000 and medical expenses, out-of-pocket in the amount of $15,000.

Result

The parties resolved the matter at mediation before Thomas S. Dillard, Esq. for the sum of $132,500, plus payment of the mediator's fees.

Other Information

The Technologist was dismissed from the case before settlement. The Roe Breast Center is out of business.