Justin Hardin secured an unanimous defense verdict after a five-day jury trial in St. Louis County, Missouri, in a case involving an alleged negligent cataract surgery. Mr. Hardin represented an ophthalmologist and his practice in a suit filed by a former patient who alleged she suffered diplopia (seeing multiple images), headaches, blurry vision, and floaters/lines after undergoing three surgeries by the ophthalmologist.
The plaintiff was referred to our ophthalmologist client after being diagnosed with a cataract in her right eye by an optometrist. Plaintiff was insistent on being spectacle-free after cataract surgery, so a particular premium lens (known as an extended depth of focus lens) was offered. The plaintiff agreed and proceeded to surgery. During surgery, the surgeon encountered zonular dehiscence, but was able to secure the lens in the capsule with a capsular tension ring. Given the capsular issue during surgery, plaintiff was sent to see a retina specialist to ensure her retina had not been compromised, where the same was confirmed.
Shortly after the visit to the retina specialist, plaintiff began to complain of compromised vision. Posterior capsule opacification was noted not long after surgery, and the ophthalmologist recommended a YAG laser capsulotomy to correct the same. Plaintiff underwent this procedure approximately a month and a half after cataract surgery, but noted no improvement. Plaintiff then developed a peaked pupil (her pupil was shaped like a cat’s pupil) from vitreous prolapse. The ophthalmologist recommended YAG vitreolysis to correct the shape of the pupil. This procedure occurred approximately two and a half months after cataract surgery and, while the pupil was restored to its original shape, plaintiff saw no improvement in her vision.
Plaintiff eventually sought the second opinion of another local ophthalmologist and then attempted glasses and contacts. She claimed nothing improved her vision, despite visual acuity measurements suggesting her vision was correctable to 20/25 and that her diplopia went away with correction. She eventually filed suit. Her expert claimed that, given plaintiff’s family history of retinal issues, the lens selected was contraindicated and that the wrong power of the lens was selected. Additionally, plaintiff claimed that cataract surgery should have waited until her vision was stable and that the additional surgeries (YAG capsulotomy and YAG vitreolysis) were related to her CPAP usage and dry eye, making those procedures unnecessary.
The defense countered that the premium lens selected did not increase the risk of retinal detachment and demonstrated to the jury, through an expert witness, how the power of the lens was correctly calculated. The defense focused on a phone call the plaintiff made to the ophthalmologist plaintiff saw for a second opinion in which she asked the ophthalmologist to put in the medical record that he told her that the wrong lens was implanted.
Plaintiff’s counsel requested $800,000 in non-economic damages in closing. After deliberating for less than an hour and a half, the jury returned an unanimous defense verdict. Mr. Hardin was assisted by Kahalah Clay.