Anderson v. Johns Hopkins Hospital

³⁴⁹ Wray, J., delivered the opinion of the Court. Mrs. Marie C. Anderson was born and reared in Beach Haven, New Jersey, where she still resided at the trial of this case in March of 1970. Married at age 19, she weighed 117 pounds, and was endowed with a hypertrophy of the mammary glands requiring a size 40-C brassiere. Four children and several years took their toll; her breasts suffered, by her description, “a complete collapse.” She sought a corsetiere’s help, to no avail.

She supplemented her brassieres with adhesive tape. Browning’s invitation and assurance apparently did not appeal to her. 1 She read of silicon-gel implants in “The Art of Staying Young,” and in June of 1965 consulted Dr. Milton Edgerton, then employed by The Johns Hopkins Hospital. She told him she wanted relief from “being pendulous.” 2 Dr. Edgerton scheduled the surgery for February of 1966. At Mrs. Anderson’s urging, he advanced it to November 1965.

He elevated the breasts, but judged he should not insert the implants at the same time; the skin would not be strong enough to support additional mass until it healed. Mrs. Anderson was disappointed. She had wanted the whole procedure, including implants, done in one operation. In May 1966, Mrs. Anderson returned to Johns Hopkins Hospital.

Dr. Edgerton and his assistant in surgery performed a “bilateral augmentation mammoplasty, silicone implants.” Mrs. Anderson and her husband were still disappointed. In November 1967, they sued Dr. Edgerton and the Hospital. 3 They alleged that the Hospital was vicariously liable for the doctor’s surgery, which he “performed in a ³⁵⁰ careless and negligent manner” in both operations; and sundry damages “as a result of the negligent and careless performance of the operations.” At trial, the Andersons introduced no expert opinion testimony of any kind. Upon defendants’ motion, the trial judge directed a verdict at the close of their case, observing: “There has been no evidence introduced in