Confidential
Settlement – $750,000Facts
At age 6, the claimant was diagnosed with toxoplasmosis in her left eye during an elementary school screening
eye examination. She had apparently contacted this bacterial infection in utero. It forms erosive lesions on the
retina, often the macula, and is known to reactivate in the other eye. In April, 2001, at age 22, the claimant
noted pain and blurry vision in her right eye. She presented to the Roe Ophthalmology Clinic on April 12, 2001
and was seen by an optometrist. She and her mother, an ICU nurse, gave a history of toxoplasmosis in the left
eye. After an optometric examination, that did not include a dilated examination of the retina, a prescription for
lenses was offered.
The claimant returned to the ophthalmology clinic on April 19, 2001 with ongoing complaints of pain and
blurry vision, and saw a different optometrist. There was a dispute as to whether or not the claimant and her
mother provided a history of toxoplasmosis in the left eye. In any case, after a standard optometric examination,
a diagnosis of viral conjunctivitis was made. No dilated examination of the retina was done. The claimant
returned to the ophthalmology clinic with ongoing symptoms on April 24, 2001 and saw the same optometrist
that she had seen on April 12.
According to the claimant, she insisted on a dilated examination, but was told that because only 20 minutes
was allotted per visit, there was not sufficient time. The optometrist testified that he offered her a dilated
examination at that time, but the claimant deferred since she did not have a ride home. A dilated examination
was scheduled for May 4, 2001. According to the claimant, she was instructed that, if her vision improved, the
dilated examination was not necessary. (this fact was disputed).
The claimantÆs vision did improve in her right eye shortly after the April 24, 2001 visit.
She did not keep the May 4, 2001 appointment. However, she became symptomatic again in
July 2001 and presented to the Urgent Care Clinic on July 20, 2001. An ophthalmology consult
was arranged on the spot. A dilated examination revealed two toxoplasmosis lesions - an active
lesion at the macula, and an older, pigmented lesion temporal to the macula. In spite of
aggressive antibiotic treatment, her vision is now 20/20 bilaterally, and will remain so.
Settlement Discussions
The plaintiff submitted a demand of $1.2 million; the defendant offered $465,000.
Damages
Legal blindness and permanent disability. The claimant claimed future wage loss and future life care needs, including a full time driver for life.
Other Information
<M>The case was settled on Oct. 14, 2001 at mediation with retired judge Leroy Simmons for $750,000.</M>
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