A liposuction surgery went horribly wrong, according to the husband of the patient who died less than a week after undergoing the knife.
Now, the Idaho Supreme Court in Ballard v. Kerr has affirmed plaintiff’s nearly $4 million damage award, though the court did order a reassessment of attorney fees. This ruling came after defendant, Silk Touch, rose 21 issues upon appeal. Those included the sufficiency of evidence supporting the verdict, the fact the lower court allowed jurors to submit questions to witnesses and allegedly improper comments on evidence during trial. The court rejected all but the attorney fee issue.
Defendant in this case is a medical spa that performs cosmetic surgery procedures. Defendant doctors is a trained anesthesiologist. Initially, the spa only offered mildly invasive cosmetic procedures, such as Botox treatments, dermal fillers and laser hair removal. However, the company branched out and started offering liposuction and fat transfers beginning in 2007. (A fat transfer involves taking fatty tissue from one area of the body and transferring it elsewhere.) Continue reading