MEDICAL MALPRACTICE – REPRESENTATIVE CASES
G&S WINS DEFENSE VERDICT FOR EYE SURGEON WHO ALLEGEDLY CAUSED PLAINTIFF'S LOSS OF VISION DURING CATARACT SURGERY
Venue: New York Supreme Court, New York County.
After a cataract surgery performed by our client, the plaintiff lost vision to her right eye. She alleged that our client failed to properly deal with a complication known as Floppy Iris Syndrome which caused unpredictable movements of the iris, and failed to apply appropriate anesthesia which led to excessive patient movement during the procedure which lead to damage to the plaintiff's corneal endothelium, that caused plaintiff's later loss of vision. Plaintiff claimed our client should have aborted the surgery when the iris became floppy and also due to the plaintiff's excessive movement. Plaintiff also alleged that iris hooks should have been used to stabilize the iris and that excessive manipulation of the eye during the procedure lead to corneal decompensation and eventual loss of vision.
We argued that the client's nick of the iris was due to the floppy iris and not the lack of anesthesia. We also argued that after a certain point it was not possible to abort the surgery, that the use of viscoelastic iris hooks was appropriate and that loss of vision only occurred after a bout of herpes keratitis, which offered a compelling alternative explanation for the bad result.
Within two hours of deliberation, the jury came back with a defense verdict, finding no malpractice on the part of our client.