Margot Graysmith v. Glenn Kawesch
Published: Jun. 22, 2004 | Result Date: Apr. 16, 2004 | Filing Date: Jan. 1, 1900 |Case number: SC075443 Verdict – $0
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Marcus A. Petoyan
(Geragos & Geragos APC)
Defendant
Gregory D. Werre
(Reback, McAndrews & Blessey LLP)
Experts
Plaintiff
James J. Salz M.D.
(medical)
Defendant
Steven Schallhorn
(medical)
Facts
On Feb. 15, 2002, the plaintiff, age 25, underwent LASIK surgery, performed by defendant Kawesch. Preoperatively, the plaintiff's pupil size was measured to be 6.5 millimeters in the right eye, and 7.0 millimeters in the left eye in dim light. Refraction disclosed that the plaintiff had about six diopters of myopia in both eyes. Since childhood, the plaintiff had worn corrective lenses for visual improvement. In advance of surgery, the plaintiff read and signed LASIK consent forms. The consent forms, in part, referenced the risk of glare, halos and blurry vision at night. The plaintiff watched a LASIK video that addressed risks associated with surgery. The consent forms and video did not state that patients with large pupils at night are at an increased risk for night vision symptoms such as glares and halos. The defendant in advance of LASIK never advised the plaintiff that she was at an increased risk for night vision symptoms should she have LASIK. The defendant performed LASIK using a VISX Star S2 excimer laser with a 6 millimeter treatment zone. A wider treatment zone would have removed more corneal tissue resulting in a thinner cornea at the end of surgery. No complications were encountered intraoperatively. Following LASIK, the plaintiff allegedly began experiencing debilitating glare and halos at night that has persisted. In 2003, Dr. James Salz, M.D. performed custom wave front LASIK with the Alcon system. The plaintiff, however, continues to complain about night glare and halos.
Deliberation
1.5 hours
Poll
9-3 (informed consent), 12-0 (negligence)
Length
five days
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