Idaho Supreme Court Upholds Wrongful Death Verdict, $3.7M Judgment Against Eagle Doctor, Clinic 

click to enlarge BRIAN TURNER, CC BY 2.0


The Idaho Supreme Court has upheld a jury verdict 
in a wrongful death and medical malpractice lawsuit
against an Idaho physician and an Eagle company. The ruling stems from a 2010 incident where a woman died a few days after undergoing liposuction and fat transfer procedures at Silk Touch Med Spa, Laser and Lipo in Eagle, owned by Dr. Brian Kerr. Idaho's high court affirmed judgment of $3.7 million against Kerr and the company in favor of the woman's husband.

The lawsuit claimed Staff Sergeant Krystal Ballard, of Mountain Home, died of septic shock caused by bacteria introduced into her body during a procedure at Silk Touch because "certain reusable medical equipment was not properly disinfected and sterilized."

The first court case ended in November 2013 in a mistrial, but was retried September 2014 when an Ada County jury returned a verdict against Silk Touch and Kerr, concluding they "acted recklessly." Charles Ballard, the victim's husband, was awarded $2.5 million in economic damages and $1.2 million in non-economic damages.

Kerr and Silk Touch appealed to the Idaho Supreme Court but on Thursday, Aug. 3, the high court ruled there "was substantial evidence supporting the verdict" and the district court "did not abuse its discretion in allowing jurors to submit questions for witnesses."

Read the full ruling here.


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