Facts

On Aug. 19, 2004, plaintiff Janice Stevens, a 62-year-old paralegal, presented to defendant Dr. Scott Sessions to discuss plastic surgery. On Nov. 24, 2004, Dr. Sessions conducted a preoperative physical examination of plaintiff. During this examination, Dr. Sessions discussed the blepharoplasty and neck-lift procedures in detail, including potential risks and complications, alternatives and convalescence. The plaintiff stated she understood and surgery was scheduled for Dec. 2, 2004. The surgery went as planned and was uneventful.

Post-operatively, the plaintiff followed up with Dr. Sessions on several occasions to remove sutures and to follow-up regarding her surgical results. The plaintiff last saw Dr. Sessions on Feb. 7, 2005 at which time he noted the plaintiff was having an excellent post-operative course. There were no problems at that time and she was told to follow-up in three months for post-operative pictures. The plaintiff did not follow-up with Dr. Sessions.

PLAINTIFF’S CONTENTIONS:
The plaintiff contended that as a result of eyelid surgery with Dr. Sessions, she cannot completely close her eyes during sleep, suffered disfigurement, pain, dry eye, fatigue and subsequently was forced to sell her business.

DEFENDANT’S CONTENTIONS:
The defendant contended that the plaintiff’s lid retraction occurred as a result of abnormal scarring. Further, the plaintiff’s sale of the business was unrelated to her medical care.

Settlement Discussions

The plaintiff demanded $120,000; the defendant offered $29,999.

Specials in Evidence

$3,000 $50,000 No specific amount claimed. The plaintiff requested reasonable compensation for eight years. $16,000

Injuries

The plaintiff suffered lagophthalmous (inability to close her eyes).

Deliberation

two hours

Poll

9-3

Length

eight days