FACTS: A 30 year old UCLA Medical Center Orthoptist consulted a UCLA Head & Neck Surgeon, Dan Castro, M.D., for complaints of chronic sinusitis septal deviation and dissatisfaction with the cosmetic appearance of her nose. She contended that she never was advised surgery would be aggressive, result in the removal of substantial nasal tissue or could result in risks such as Anosmia (Loss of Smell) empty nose syndrome (permanent dryness/crusting) or saddle deformity (collapse of the nasal dorsum). Her experts testified that the surgery was negligently performed and that their had been a failure of informed consent. Drs. Castro and Toffel testified that the patients consent was obtained and the surgery performed in a fashion consistent with the standard of care. All injuries were known risks and complications.

INJURIES: Loss of Sense of Smell; Daily Nasal Irrigations required for life; Three subsequent surgeries to reconstruct the nasal dorsum.

DEMAND / OFFER: Original $500,000.00 Demand; Lowered to $100,000.00 during trial; No offer was made.

TRIAL JUDGE: Hon. Lawrence Rubin