September 18, 2013

162017_132140396847214_292624_nA LASIK malpractice lawsuit against a Maryland LASIK surgeon was settled on September 11, 2013. The Maryland LASIK lawsuit had been filed on June 18, 2010 in the United States District Court for the District of Maryland (the plaintiffs were a husband and his wife who live in Georgia but the LASIK surgery had been performed in Maryland; therefore, the lawsuit was filed in federal court in Maryland because the parties were from different states).

The man had LASIK surgery to correct his vision on June 27, 2003. It was not until August 2008 that he suffered ectasia allegedly due to his LASIK surgery five years prior (his ectasia was diagnosed in September 2009). He alleged in his lawsuit that his cornea tissue scarred, causing a thin layer of tissue to form that bulged from the eye’s surface and caused his vision to blur. He also had other common symptoms of ectasia, such as double vision, sensitivity to light, starbursts, loss of his depth perception, contrast sensitivity, headaches, and dry eyes. His wife was included as a plaintiff in the LASIK lawsuit because they claimed that his ectasia caused their marital relationship to suffer.

The man’s federal LASIK lawsuit claimed that his LASIK surgeon failed to properly diagnose him and failed to use the correct procedure, leading to his injuries and damages including pain and suffering, loss of earnings and earning capacity, unnecessary hospitalizations and related expenses, and his mental anguish. He further claimed that the LASIK surgeon failed to obtain his informed consent for LASIK surgery by failing to advise him regarding the risks of LASIK surgery and failing to advise him regarding other treatment options.

An interesting issue in the Maryland LASIK lawsuit was whether the plaintiffs’ lawsuit was filed within the applicable statute of limitations period (in this particular case, a five-year period allegedly applied to the plaintiffs’ claims). The defendant’s motion to dismiss the plaintiffs’ LASIK claims based on the statute  of limitations became moot when the parties decided to enter into a confidential settlement of the federal case.

Source: The Daily Record, September 13, 2013. Chekeim Wymes, et al. v. Jay Lustbader, U.S. District Court for the District of Maryland, Case No.: 1:10-cv-01629-WDQ.

Most of us take for granted our eyesight and that we will awake each morning able to see and experience our surroundings clearly and effortlessly until we close our eyes to sleep at night. Our vision is one of the most precious natural gifts that most of us are born with, which we enjoy for most of our lives (although many people experience a normal, progressive degradation of eyesight acuity later in life, most people retain useful eyesight throughout their lives), and upon which we rely to experience every waking moment to enjoy our surroundings, to experience our families and friends, to earn a living, and to keep us safe. While many people who loose their eyesight for one reason or another (or who are born blind or become blind early in life) live a full and fulfilling life despite not being able to see (or see clearly), there can be no debate that a person’s clarity in vision is a very important personal asset.

If you or a loved one suffered injuries to your vision after LASIK surgery or other eye surgery, you may be entitled to compensation for your losses if the cause of your suffering was due to negligence.

Click here to visit our website to be connected with LASIK malpractice lawyers in your U.S. state who may investigate your LASIK claim or other eye surgery claim for you and represent you in a LASIK lawsuit, if appropriate. You may also contact us on our toll-free line: 800-295-3959.

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