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.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 705,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 705,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 44,300 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.