Henderson v. Heyer-Schulte Corp.
Court of Civil Appeals of Texas
600 S.W.2d 844 (1980)
Carol Henderson (plaintiff) underwent breast enlargement surgery in which silicone implants were inserted. Rothenberg, Henderson’s surgeon (defendant), intentionally slit each implant to allow the gel to seep into retro-mammary pockets. This surgical technique was no longer recognized or an accepted method for performing the procedure. Thereafter, Henderson began experiencing pain, inflammation, and small lumps (hardened silicone pieces) beneath the skin of her chest and abdomen. After 20 additional surgical procedures, the lumps continued to appear and Henderson’s breasts became disfigured. Henderson brought suit against the surgeon and claimed that the specific technique of slitting the silicone implant after implantation was negligent. The trial court allowed an instruction stating that plastic surgeons recognize more than one method for performing the surgical technique used in Henderson’s procedure. The jury found in favor of Rothenberg and Henderson appealed.
Rule of Law
Holding and Reasoning (Peden, J.)
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