Philip Johnson, M.D., v. Richard Keates, M.D.; et al.
Published: Jul. 22, 1995 | Result Date: Mar. 13, 1995 | Filing Date: Jan. 1, 1900 |Case number: 717513 – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Thomas D. Rowley
(Law Office of Thomas D Rowley)
Defendant
Mark V. Franzen
(Carroll, Kelly, Trotter, Franzen, McBride & Peabody)
Experts
Plaintiff
Albert Tashma
(medical)
Defendant
Mitchell Latter
(medical)
Peter J. McDonnell
(medical)
Facts
Plaintiff Philip Johnson, M.D., a 60-year-old physician (family practitioner) suffered from life-long myopia (nearsightedness) requiring thick-lensed glasses; he could not tolerate contact lenses. In early 1991, Plaintiff experienced a decrease in visual acuity due to the development of bilateral cataracts resulting in near (legal) blindness, even with corrective lenses. In May 1992, Dr. Mitchel Latter, a non-Defendant ophthalmologist, removed the cataract from Plaintiff's left eye and implanted a 14-diopter-power, intraocular lens; this left-eye implantation resulted in 20/20 visual acuity. In September of 1992, Plaintiff went to Defendant Dr. Richard Keates, a UCIMC ophthalmologist, for removal of the cataract in the right eye and implantation of an intraocular lens. Dr. Keates took A-scan readings (to determine the axial length of the right eyeball, which is used in the formula to select the correct power lens) of each eye and noted an approximately 2 mm discrepancy between the right eye (which was longer) and the left eye. Nonetheless, Defendant concluded his measurements concerning the right eye were accurate since, 10 years previously, Plaintiff gave a history of a retinal tear in the right eye, producing a scleral buckle which can lengthen the eyeball. Dr. Keates' axial length measurement and calculation led to the selection and implantation of a 4-diopter-power, intraocular lens in the right eye. This produced a 10-diopter-power difference between the right and left eye. Even though each eye individually had visual acuity of 20/20, when used together anisometropia (double vision) resulted due to a discrepancy in image sizes in each eye -- this due to the 10-diopter difference in the power of the implanted intraocular lenses (a difference greater than 4 diopters will result in anisometropia).
Settlement Discussions
Defendant contends they made no offers (no consent) and Plaintiff demanded $200,000.
Damages
Dysfunctional double vision due to anisometropia (unequal refractive power in the eyes) for 4 months; pain and suffering; subsequent surgery to exchange intraocular lens; permanent visual obstruction thereafter, due to scar tissue formation; no loss of earnings or medical expenses were claimed.
Injuries
Plaintiff was dysfunctional due to the double vision and resultant headaches necessitating replacement of the 4-diopter-power right-eye intraocular lens with a 12-diopter-power lens by Dr. May in January of 1993. Dr. May's axial-length measurement of the right eye was 2mm's shorter than Dr. Keates' and was the same reading that had been obtained by Dr. Latter in May of 1992. Dr. Latter took A-scans on both eyes, even though he only implanted an intraocular following cataract removal in the left eye. Following Dr. May's surgery, the double vision resolved, but Plaintiff complained of "starburst effect" visual irregularity when looking at bright lights.
Other Information
UCIMC Regents' motion for non-suit was granted at the close of Plaintiff's case-in-chief.
Deliberation
5 hours
Poll
11-1
Length
7 days
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