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OPHTHALMOLOGY NEWS

Judge reinstates $4 million award against LASIK center

by Rich Daly Contributing Editor

A $4 million jury award against a group of LASIK surgeons was reinstated by an Arizona judge after an effort for a new trial was rejected.
Pima County Superior Court Judge Kenneth Lee upheld the record award in a photorefractive surgery case, which was brought by a former airline pilot who sued for injuries from LASIK surgery.
Post won the $4 million verdict in a May 2002 trial against University Physicians Inc. (UPI), which performed the surgery in Tucson, Arizona in 2000.
Lee had allowed a retrial after the original jury verdict but that decision was overturned by the Arizona Court of Appeals, and the Arizona Supreme Court declined to review the case, according to Ted Schmidt, an attorney for Steve Post, the former pilot whose night vision was impacted enough to disqualify him from flying for major airlines.

Jeffrey Machat, M.D., a published laser eye surgery author and ophthalmologist, testified that UPI had breached the standard of care in screening and giving informed consent to Post.

Defense attorney Jeff Campbell with Jeffery J. Machat, M.D.

Jefferey J. Machat, M.D., takes the stand during hearing.

Post claimed that the proper screening and pupil measurement by UPI would have revealed his large pupil size, which made him an inappropriate candidate for LASIK surgery. Post said he would have not proceeded with the surgery if warned of his increased risk for night vision problems.
Following the trial, Dr. Machat recanted his testimony and UPI filed a motion for a new trial. After the new trial request was rejected by the appeals court, Lee rejected the latest new trial request filed by UPI and reinstated the award.
“This ruling demonstrates the importance of a jury’s final decision and how very inappropriate is that influences outside the courtroom be allowed to undo what they have done,” Schmidt said
UPI may appeal the latest decision to the appeals court or it can pay the judgment. The judgment will earn 10% until it is paid. The judgment now totals an estimated $4.3 million including back interest, according to Schmidt.

Contact Information
Schmidt: tschmidt@kbsds.com