FAVORABLE VERDICT

O’Connor Battle receives a #favorableverdict in Medical Malpractice Jury Trial! Congrats to our trial team Kennth Battle, Joseph Van Alalst and Lisa Jackson!

In this particular case, a 53-year-old female plaintiff sought care and treatment for the removal of age spots and skin smoothing on her neck through an IPL Laser procedure. The treatment was administered by a highly experienced aesthetician, and it is worth noting that the plaintiff had previously undergone 20 IPL treatments without any complications.

However, on the date in question, the plaintiff experienced blistering shortly after the procedure, which subsequently led to scabbing and mild skin discoloration upon complete healing. The plaintiff expressed feeling self-conscious about the resulting scarring and skin discoloration. It’s important to note that both her medical records and her own testimony indicated a pre-existing self-consciousness about her appearance that persisted for many years before the IPL treatment.

During the proceedings, the plaintiff testified that she always kept her neck covered in public, suggesting an ongoing concern about her appearance. Yet, evidence from her social media profiles seemed to indicate otherwise.

Efforts were made to resolve the case, knowing there was some risk, at one point offering $250,000 to resolve the matter, but the plaintiff wouldn’t budge from $750,000, which we felt was too high.

The trial commenced on April 29th before a Cook County, IL jury. In closing arguments, the plaintiff asked for $1.5 million, which was twice their last demand. After roughly 2 1/2 hours of deliberations the jury returned a verdict for the plaintiff in the amount of $140,000.