Lockyer v. Kaiser Foundation Health Plan, Kaiser Permanente / Case Not Filed.
Published: Feb. 7, 1998 | Result Date: Dec. 22, 1997 | Filing Date: Jan. 1, 1900 |Case number: - Arbitration – $90,000
Judge
Court
Case Not Filed
Attorneys
Claimant
R. Lewis Van Blois
(Van Blois Law)
Respondent
Robert F. Tyler
(Wilke, Fleury, Hoffelt, Gould & Birney)
Experts
Claimant
Jerome W. Bettman
(medical)
Respondent
Vitas Alekna
(medical)
Robert R. Anderson
(medical)
George F. Hilton
(medical)
Edward H. Sweet
(medical)
Facts
On April 9, 1996, claimant Lockyer, a 58-year-old retiree, noticed blurred vision in his left eye while driving to the Bay Area from Idaho. The upper left quadrant of his left eye was black and dark. He could also see a wavy line instead of a straight line and noticed light flashes when he looked suddenly to his left. On April 12, Lockyer went to respondent Kaiser Permanente for an appointment, where he was seen by a nurse. Lockyer complained to the nurse of very blurry vision in the left eye and of a black area in the upper left part of his eye and that he saw wavy lines. Lockyer alleged the nurse failed to write all of his complaints in the chart and only wrote that he had blurry vision and a droopy lid. Lockyer also alleged his visual acuity in the left eye (20/30-1) had decreased two lines from his previous examination in March. Lockyer claimed the ophthalmologist, Dr. Edward Sweet, dilated and examined Lockyer's eyes and told him he had iritis, an inflammation, for which eye drops were prescribed. Sweet told him to follow up within one week with Dr. Vitas Alekna. On April 16, Lockyer followed up with Alekna. The eye examination revealed a further loss of visual acuity (20/40), three lines worse than the month before. The nurse did not dilate his eye. Lockyer claimed Alekna did a brief examination, taking only three to five minutes, looked at Sweet's notes and said the inflammation in claimant's eye was less and the drops were working. Lockyer alleged Alekna asked him to return in one week if there was no improvement. On April 25, claimant's blurred and distorted vision worsened. Claimant called Kaiser ophthalmology again for an appointment, but was not given an appointment until May 1, with Alekna. When he went in for his appointment, his visual acuity had decreased further (20/300). Lockyer claimed Alekna diagnosed a detached retina, requiring immediate surgery. The surgery occurred on May 2. A retinal break was detected and a silicone explant was placed using a scleral buckle procedure. In his most recent examination of Sept. 22, 1997, Lockyer's vision had worsened to 20/100. The claimant brought this medical malpractice action against respondent medical group. The matter proceeded to binding arbitration.
Settlement Discussions
The claimant made a settlement demand for $150,00. The respondents made no offers.
Injuries
Loss of visual acuity in left eye to 20/70. Surgery was necessary for a detached retina (scleral buckle procedure).
Other Information
ARBITRATION: An arbitration was held on Dec. 22, 1997, before retired judge Robert K. Byers resulting in the reported settlement. The award was rendered approximately nine months after the case was filed. EXPERT TESTIMONY: Plaintiff reported the surgeon testified that the loss of vision from before the retinal detachment of 20/20 to 20/60 after the surgery was due to the detachment of the retina. The loss of vision from 20/60 to 20/100 was due to the membrane which subsequently developed over the macula. Plaintiff further reported the surgeon testified that the loss of vision to 20/60 was directly related to the detached retina and was a permanent loss.
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