Facts

Plaintiff Sharon Fratilla, 71, was referred by her regular ophthalmologist, Dr. Daniel Kline, to David Wirta, M.D. with severe ptosis of her upper eyelids, interfering with her vision. She was first seen by Dr. Wirta on March 24, 2014, at which time it was noted that plaintiff had a history of dry eyes, confirmed on slit lamp examination, seen as superficial punctuate keratitis. Dr. Wirta recommended upper eyelid surgery, which would be performed in a conservative manner to minimize the risk of exacerbating her pre-existing dry eyes.

The surgical correction of plaintiff's upper eyelid ptosis was performed on April 4, 2014 at the Newport Bay Surgery Center. When sutures were removed by Dr. Wirta 10 days after surgery, on April 14, 2014, the left eyelid was noted to be higher than the right eyelid, and the left corneal examination revealed increased superficial punctuate keratitis on that side.

Plaintiff returned to her regular ophthalmologist, Dr. Kline, on May 2, 2014, complaining of severe dry eyes and decreased visual acuity, and was referred back to Dr. Wirta to address these problems. Lower canalicular plugs were placed by Dr. Wirta on May 12, 2014. On May 16, 2014, Dr. Line contacted Dr. Wirta, urging him to consider a suture tarsorraphy, which was then performed on May 23, 2014 along with a reversal of the prior left upper eyelid repair. The tarsorrhaphy procedure was repeated on June 12, 2014 and the suture tarsorraphy remained in place into July 2014. Plaintiff discontinued care with Dr. Wirta and contended that she never recovered vision in the left eye until Dr. Gloria Bitt-Wai Chiu at USC fitted her with a corneal implant.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that she required pain medications for severe eye pain within 24 hours of surgery. Plaintiff contended that it was below the standard of care to have performed upper eyelid repair surgery in the face of known superficial punctuate keratitis because of the greatly increased risk of worsening dry eye syndrome. In addition, the decision to perform this surgery directly led to the patient's decompensating left cornea, loss of visual acuity, and painful persistent dry eyes.

DEFENDANT'S CONTENTIONS:
Defense contended the surgery was performed without immediate apparent complication. Defense contended that it is perfectly within the standard of care to perform upper eyelid repair surgery in the presence of superficial punctuate keratitis, as long as the procedure is performed in a conservative manner to minimize the risk of worsening dry eyes. Unfortunately, in this instance, the procedure unmasked a pre-existing, undiagnosed neurotrophic cornea, which then decompensated despite aggressive and appropriate medical care by Dr. Wirta.

Damages

Economic damages claim totaled approximately $75,000.

Injuries

Plaintiff complained that she lost significant amounts of visual acuity in the left eye as a result of this surgery and was plagued by persistent and painful dry eye syndrome in the left eye. As a result of these disabilities, she suffered a significant loss of enjoyment of life and a loss of her ability to continue her employment. Plaintiff denied that she had significant pre-existing dry eyes, or that this issue was ever discussed with her prior to surgery.

Result

Defense verdict in favor of Dr. Wirta.

Other Information

INSURER: The Doctors Company. FILING DATE: June 29, 2015.

Deliberation

three hours

Poll

12-0 (negligence)

Length

eight days