Ballard v. Kerr, M.D.Annotate this Case
Charles Ballard filed suit for wrongful death and medical malpractice against Silk Touch Laser, LLP (“Silk Touch”) and its owner Dr. Brian Kerr. In 2010, Charles’ wife Krystal Ballard underwent a liposuction and fat transfer procedure at Silk Touch in Eagle. Krystal died less than a week later from septic shock caused by unknown bacteria in her right buttock. Charles’ suit alleged that the bacteria that caused Krystal’s death were introduced into her body during the procedure at Silk Touch because certain reusable medical equipment was not properly disinfected and sterilized. The first trial ended in mistrial. Upon retrial, a jury returned a verdict in favor of Ballard. Silk Touch raises twenty-one issues on appeal, challenging several of the district court’s evidentiary rulings, the sufficiency of the evidence supporting the verdict, several of the jury instructions, and the district court’s award of costs and attorney fees. Silk Touch also alleged that the jury verdict should be overturned because the district court permitted the jurors to submit questions to witnesses and the district court made improper comments on the evidence during trial. The Supreme Court affirmed the district court except for the award of fees, which was vacated and the issue remanded for reconsideration.