As Published In
Settlement: A.K. v. [DL], M.D., indiv. and d/b/a D.L. Eye Institute, et. al XXXXX/92
Date of Settlement: 5/94 Rockland Supreme
Plaintiff Attorney: Eric Turkewitz, Manhattan
Facts:
This medical malpractice action settled for $215,000 before trial. Plaintiff, age 78 and retired, presented to Defendant [DL]’s ambulatory clinic on 10/2/89 for cataract surgery. She claimed that when Defendant Dr. [AR], a per diem ophthalmologist hired by Dr. [DL] as an assistant surgeon, administered an injection of anesthesia to her eye, she felt a sharp pain. When Dr. [DL] came info the operating room to start surgery, he abandoned it when he saw a choroidaf hemorrhage. The hemorrhage led to a retinal detachment. Retinal reattachment surgery was unsuccessful.
Plaintiff contended that the injection should have been by either retrobulbar or peribulbar technique, both of which are designed be injected into the orbit of the eye next to the globe. Dr. [AR]’s injection pierced the globe, resulting in the hemorrhage and subsequent detached retina.
Dr. [AR] settled in July 1993, prior to his deposition. Plaintiff, who had a history of colon and rectal cancer, filed a Note of Issue after [DL]’s deposition seeking a quick trial. Other depositions were waived. Defendant [DL] then settled. The anesthesiologist and anesthesia group were granted summary judgment based upon their non-participation in the administration of the injection. Settlement apportionment: Dr. [AR] settled for $195,000; [DL] settled for $20,000.
Other eye injury cases:
$2.2M – Queens Medical Malpractice — Childbirth — Infant’s Cornea Damaged By Forceps — Partial Loss Of Vision In One Eye
For negligent injury to a child’s eye during childbirth (1996), resulting in reduced vision in the eye and forceps marks next to the eye. The $2.2M birth injury recovery in Queens was a structured payout over many years, which had a present value of $750K..
$825K – New York City Medical Malpractice – Eye Infection – Corneal Scarring
Settlement for a 27-year-old New York City woman with an eye injury that was not properly treated by a hospital.
$450K – New York Medical Malpractice — Failure To Promptly Treat Eye Infection After Cataract Surgery — Blindness In One Eye
For a 77-year-old New York woman due to a negligent failure to diagnose and treat an infection in the left eye, leading to blindness in the eye
