Defense Verdict in Case Involving Blindness Following Surgery

Peter Spataro and Matthew Lakamp obtained a complete defense verdict in a two-plus-week medical-malpractice jury trial in St. Louis City. The case involved a plaintiff who underwent complex craniofacial surgery to correct congenital birth deformities. Following surgery, he was noted to have bilateral corneal abrasions. Plaintiff claimed negligence in causing the corneal abrasions and in failing to properly treat them once diagnosed, leading to permanent corneal scarring that obscured and diminished his vision to the point of legal blindness. Defendants responded that the injury was not caused by negligence and the abrasions were timely and properly treated. Plaintiff sought around $4 million including a life care plan and lost wages. Of note, shortly before trial, plaintiff moved for leave to add a claim for punitive damages alleging that the care from one of the physicians in question was so deficient as to constitute malicious misconduct warranting punitive damages. Mr. Spataro and Mr. Lakamp successfully persuaded the court that plaintiff’s evidence was insufficient to support a claim for punitive damages under Missouri law. Thus, the court denied plaintiff’s motion to add punitive damages, greatly reducing the client’s exposure prior to trial.