Facts

In April 2004, orthopedic surgeon Scott W. Southard decided to replace Jean Dennis' knees with prostheses. Due to her diabetes, Dennis, a registered nurse, requested that Southard not use a particular prosthesis by Johnson & Johnson. In June, the left knee was replaced without complications. In October, Southward replaced the right knee with the Johnson & Johnson model.

PLAINTIFF'S CONTENTIONS:
Dennis contended that since she did not consent to Southward using the Johnson & Johnson model, he committed medical battery.

DEFENDANT'S CONTENTIONS:
Southward contended he did not intend to disregard Dennis' request but that after five months, he merely forgot.

Settlement Discussions

A demand of $40,000 was made and an offer of $5,000 returned.

Injuries

Dennis contended that she suffered loosening of the knee and ongoing pain because of medial ligament transection, which required revision surgery approximately 12 months later. This was conducted by a different surgeon. However, Judge Jerald M. Lasarow restricted Dennis' claim to damages for emotional distress as insufficient evidence was procured to prove the ligament injury was caused by the Johnson & Johnson prosthesis.

Result

The jury returned a verdict for Southard, finding that he did not intentionally act beyond Dennis' consent.

Other Information

Plaintiff has appealed.

Deliberation

1.25 hours

Poll

9-3

Length

three days