The Supreme Court of Idaho recently released an opinion that affirmed a jury’s award of nearly $4 million to a plaintiff, based upon allegations that his wife’s death was caused by a liposuction procedure that was negligently performed by the defendant. The defendant had appealed the verdict, based in part on allegations that the trial judge improperly commented on the plaintiff’s evidence at trial, which illegitimately influenced the jury’s decision. As a result of the appellate court’s rejection of the defendant’s arguments made on appeal, the defendant will be required to pay the entire judgment awarded to the plaintiff.
The plaintiff in the case of Ballard v. Kerr was a man whose wife passed away after allegedly contracting an infection during a liposuction procedure that was performed by the defendant. According to the facts discussed in the appellate opinion, the plaintiff’s complaint alleged that the defendant failed to properly disinfect and sterilize certain medical equipment that was used in the procedure, introducing bacteria into her body and causing the infection, which ultimately resulted in her death by septic shock approximately four days after the surgery.
The Jury Finds the Defendant’s Negligence Was the Proximate Cause of the Woman’s Death
After a two-week trial on the plaintiff’s wrongful death claim, the jury returned a verdict in favor of the plaintiff and awarded him $3.8 million in economic and non-economic damages. The jury additionally reached the conclusion that the defendant was more than simply negligent and acted recklessly in causing the woman’s death, which resulted in additional damages being awarded to the plaintiff.