Facts

In August 2004, plaintiff Janice Stevens discussed a number of cosmetic surgery options with defendant Dr. Scott Sessions. The plaintiff chose to have a neck lift and a four-lid blepharoplasty. In November, the defendant performed a preoperative physical examination of plaintiff and informed her of the potential risks and complications of the procedures. The plaintiff expressed that she comprehended the pros and cons of the procedures, and surgery was scheduled for Dec. 2.

After the surgery, the plaintiff went to see defendant to remove sutures and to follow-up regarding her surgical results. The plaintiff's ophthalmologist observed that plaintiff's eyes could not shut completely, which was deemed a typical reaction to a four-lid blepharoplasty. On Feb. 7, 2005, defendant noted in plaintiff's records that her post-operative care was of the highest standard and she experienced no problems. Although the plaintiff was advised to follow-up with defendant in three months, she never did so.

The plaintiff filed a lawsuit, claiming medical malpractice after suffering from lagophthalmos, a condition that prevented her from shutting her eyes.

The defendant contended that the abnormal scarring caused plaintiff’s lid retraction.

Settlement Discussions

The demand under C.C.P. Section 998 was $90,000.

Specials in Evidence

Plaintiff claimed $3,000. Plaintiff claimed $50,000. Plaintiff claimed $16,000.

Injuries

Plaintiff claimed that as a result of the surgery performed by defendant, she was unable to fully shut her eyes when she slept, and she suffered from disfigurement, pain, dry eye and fatigue. Plaintiff was forced to sell her business due to her physical problems.

Result

The jury found for defendant.

Deliberation

two hours

Poll

9-3

Length

eight days