Facts

Plaintiff Yolanda Marshall was a Kaiser Foundation Health Plan member and underwent cataract surgery at Kaiser on her left eye performed by Frances Dossetor, M.D. on Oct. 27, 2017. Plaintiff complained of pain, redness and light sensitivity after the surgery. On or about January 25, 2018, a blue fiber was seen in plaintiff's eye during an ophthalmology exam and subsequently removed by Dr. Dossetor on March 6, 2018. Plaintiff continued to complain of pain, swelling and light sensitivity after the second surgery and subsequently underwent an iridectomy in February 2019.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants were negligent by allowing a foreign object to enter her left eye during a surgical procedure. She has permanent harm to her left eye caused by this misconduct.

DEFENDANT'S CONTENTIONS: Defendants claimed that Dr. Dossetor complied with the standard of care during each step of the procedure including inspecting each instrument for fibers before insertion in the eye and the eye throughout the procedure, that microscopic fibers can hide on instruments and in irrigation fluid and not been seen by surgeon despite due care, and once in the eye the fiber can hide behind the iris and in the angle and not be seen. Defendants further claimed the fiber was inert, did not cause harm and claimant's complaints were the result of idiopathic symptoms experienced by a population of cataract patients and from dry eye syndrome.

Settlement Discussions

Plaintiff served a CCP section 998 Offer to Compromise in the amount of $245,000. Defendants made no settlement offer.

Damages

Plaintiff claimed economic and noneconomic damages of $657,000.

Injuries

Plaintiff had a small portion of her iris removed. Evidence was introduced that a suture could be applied to close the small hole in the iris.

Result

Arbitration Award in favor of plaintiff for $200,000, finding Kaiser Foundation Health Plan, Inc. and Dr. Frances Dossetor, M.D. liable for medical malpractice.

Length

Seven days