On Nov. 1, 2010, plaintiff Shaylynne Slack, 47, a real estate developer, underwent breast reduction surgery by Dr. Thomas Stevenson, the attending plastic surgeon, and Dr. James Rosing, the resident plastic surgeon, at the University of California, Davis Medical Center, in Sacramento. Slack claimed the surgery failed to correct her asymmetric breasts and left her with hypertrophic scarring. Slack sued Stevenson; Rosing; and the operator of U.C. Davis Medical Center, The Regents of the University of California. Slack alleged that the defendants negligently performed the surgery and that Stevenson abandoned her. She also alleged that the defendants’ actions constituted medical malpractice. Slack claimed that Stevenson and Rosing did not take into account her pre-existing asymmetric breasts when performing the breast reduction surgery and subsequently removed too much tissue from the smaller breast, resulting in post-operative asymmetry. She also claimed that the surgeons caused hypertrophic scarring to her breasts. Slack further claimed that she was not made aware of the fact that a resident surgeon, Rosing, would be participating in the surgery and that Stevenson abandoned her after the procedure. Thus, she alleged that Stevenson failed to provide her with adequate follow-up care in regards to her asymmetric breasts and hypertrophic scarring. Defense counsel contended that all of Slack’s care was within the standard of practice and that asymmetry was a known risk of breast reduction surgery. Thus, Stevenson and Rosing claimed that Slack assumed the risk of asymmetry. In addition, Stevenson claimed that he did not abandon Slack following the surgery., Slack claimed that she is left with asymmetric breasts, which the breast reduction failed to correct, as well as permanent hypertrophic scarring. She also claimed that she experiences some physical pain in her breasts and that her physical appearance is upsetting due to the asymmetry and scarring. Thus, Slack sought recovery of $458,000 in damages for her pain and suffering. In addition, her husband, Phillip Slack, sought recovery of $50,000 for his loss of consortium. Defense counsel contended that Mrs. Slack knew of the inherent risks of the surgery, which included asymmetry and scarring. Counsel further contended that Mrs. Slack failed to provide up-to-date photographs of her breasts and, instead, presented photographs that were two years old. Thus, defense counsel argued that Mrs. Slack failed to show any marked improvement (or any alleged lack thereof) over time since the surgery.