The Utah Court of Appeals vacated a jury verdict in a medical malpractice suit where a patient was left with permanent vestibular damage, after determining the jury instruction was potentially misleading over statements concerning “consent.”

Judge Michele M. Christiansen Forster authored the June 8 opinion, vacating a jury’s verdict in favor of Dr. Brandon Reynolds, a urologist at Urology Clinic of Utah Valley, who was found not to have breached his standard of care to patient Cecilia Harward, and remanded the case for a new trial. Harward claimed she suffered permanent vestibular damage after taking gentamicin, an antibiotic, prior to undergoing a surgery.

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