On Sept. 27, 2000, plaintiff Kimberly Kallestad, 24, occupation not given, sought treatment from oral surgeon Patrick Collins in Spokane after experiencing left jaw pain following a Jan. 11, 2000, sledding accident. Kallestad’s pain in part originated from a slightly displaced soft-tissue disc in her left jaw joint that was causing her discomfort. Nine months after her accident, Kallestad continued to have pain.
Kallestad alleged that Collins told her that his success rate with conservative, non-surgical treatment was over 95 percent.
Through Sept. 6, 2001, Kallestad underwent four open-jaw surgeries interspersed with multiple intra-articular steroid injections to both sides of her jaw. Kallestad’s condition worsened to the point of causing irreparable damage. She was diagnosed with chronic pain syndrome.
Kallestad sued Collins and his practice, Drs. Maxwell, Higuchi, Collins & Skinner, P.S., for medical malpractice, claiming that he failed to fully disclose actual surgical procedures accurately and failed to identify the known risks of such. He failed to inform Kallestad of the material risks of his invasive and irreversible surgical procedures. He failed to inform of various alternatives to such treatment, which did not carry such risk, and which may have resolved the pain and disc displacement over time absent invasive surgery. These arguments were further supported by oral surgery experts Daniel Laskin and Charles Syers.
Defense counsel contended that Collins’ treatment met or exceeded the standard of care and he provided informed consent.
Kallestad, who was an athlete, said that the “deep, debilitating pain” prevented her from leading a normal, active life, and as a result she was forced to relinquish her dreams of becoming a lawyer. She sought an unspecified amount for past and future pain and suffering.
Defense argued that plaintiff’s damages were excessive and that she was able to maintain a sedentary profession. The defense’s psychologist opined that there is no organic or medical condition causing Kallestad’s pain, which was psychologically induced. This opinion was further supported by the defense’s neurology experts.
The jury found for plaintiff, awarding her $14,877,525.