Three Million Dollar Malpractice Verdict Returned against 2005 Cataract and Refractive Surgeon of the Year

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Three million dollar malpractice verdict returned against 2005 Cataract and Refractive Surgeon of the Year in Nassau County, New York under index Number 8476/2002.

Keith, Shapiro & Ford, a Garden City, New York based law firm received a three million dollar verdict in a LASIK Malpractice Trial in Nassau County, New York involving a LASIK surgery performed on January 7, 2000 (index number 8476/2002). The plaintiff suffered from post–LASIK ectasia which was claimed to have resulted from pre-existing form fruste keratoconus as well as an insufficient residual stromal bed. It was also claimed that the informed consent was insufficient notwithstanding an eight page Informed Consent Document, a video, a brochure and a general discussion of the risks with a referring optometrist.

The plaintiff, a 43 year old woman, is still wearing contact lenses but her treating optometrist testified that she is getting near to the point where she will only have surgical options.

The Defendant doctor was Eric D. Donnefeld. Donnenfeld who was chosen as the 2005 National Cataract and Refractive Surgeon of the Year by the Journal Cataract and Refractive Surgery Today. Dr. Donnenfeld is Dr. Donnenfeld is a National Medical Director of TLC. has according to his website has trained more surgeons to perform refractive surgery than any other doctor in New York.

The case took nine days to complete and the jury deliberated for approximately five hours. The total jury verdict broken down as $1,000,000.00 for past pain and suffering, $1,000,000.00 for future pain and suffering and $1,000,000.00 for future medical expenses. There was never an offer on the case. The jury rejected the insufficient residual stromal bed theory but found a departure as to the diagnoses of form fruste keratoconus and they also found the informed consent to be inadequate.

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Ken Keith
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