Doctor’s Weight Loss Centers, Inc. v. Blackston

Maryland resident Shelly Blackston (plaintiff) had a liposuction procedure performed by cosmetic surgeon Dr. Alva Roy Heron (defendant) at his office in Alexandria, Virginia. After the surgery, once back home in Maryland, Blackston began suffering symptoms of infection. She was hospitalized, had multiple surgeries, and suffered permanent physical and emotional harm. Blackston sued Heron and Doctor’s Weight Loss Centers, Inc. (Doctor’s Weight Loss) (defendant) in Maryland state court, asserting claims for medical negligence and failure to obtain informed patient consent. She sought economic damages to compensate for financial losses, plus noneconomic damages to compensate for nonmonetary losses, such as pain and suffering and diminution of quality of life. The parties disputed whether Maryland or Virginia law governed the maximum amount of noneconomic damages. Blackston argued that Virginia’s $2,150,000 cap on noneconomic damages applied because the infection occurred during the procedure in Heron’s Virginia office. Two doctors testified on Blackston’s behalf, stating that although her symptoms did not manifest until later, the infection itself occurred during the liposuction procedure. Heron and Doctor’s Weight Loss argued that Maryland’s $1.06 million cap on noneconomic damages applied because, although the relevant bacteria were introduced into Blackston’s body during the procedure, the infection did not develop until later, when Blackston was back in Maryland. The trial-court jury concluded that Virginia’s cap applied and awarded Blackston $300,900 in medical expenses and economic damages and $2 million in noneconomic damages. On a posttrial motion, the trial judge concluded that Maryland’s cap applied and reduced the total damages award to $1,055,900. The Maryland Appellate Court reversed, concluding that there was sufficient evidence to support the jury’s application of the Virginia cap. Doctor’s Weight Loss appealed.