Facts

In December 2000, plaintiff Carmon Butler was diagnosed with breast cancer. She visited an oncologist to assess the best course of treatment. Plaintiff decided to have a lumpectomy and undergo radiation.

Plaintiff met defendant Dr. John Gebert at the cancer center where she was to receive her radiation treatments. He informed plaintiff that he would monitor her treatment and examine her once every two weeks. Plaintiff signed a consent form, acknowledging that she was advised of the consequences of radiation treatment and that she understood that side effects may not surface until months following the end of treatment. The consent form also indicated that the side effects may be severe and cause chronic discomfort.

According to plaintiff, after treatment, she had pain and swelling in her left breast and shortness of breath. She eventually had to undergo bilateral mastectomies and plastic surgery to repair her chest wall region. She claimed she experienced continued chest pain and cramping.

PLAINTIFF'S CONTENTIONS:
Plaintiff’s expert asserted that defendant’s use of a 4MV machine in radiation treatment increased the risk of side effects.

DEFENDANT'S CONTENTIONS:
A defense oncologist expert testified that it was not below the standard of care for plaintiff to have undergone radiation therapy with a 4MV machine.

Injuries

Plaintiff suffered from cramping in the breast region approximately once a day and chest pain. Consequently, she is unable to return to her place of employment because she cannot work for more than one hour without experiencing cramping in her entire left side.

Result

The judgment was for defendant.

Deliberation

One hour, 49 minutes

Poll

12-0

Length

eight days