B.C. judge awards patient $180K after 'traumatic' eye surgery
A British Columbia Supreme Court judge has awarded more than $180,000 to a man who suffered extreme pain, vision loss and facial disfigurement following a "traumatic" eye surgery.
Russell Selby Anderson of Victoria underwent two elective surgeries to correct his vision and reduce his dependence on glasses and contact lenses in September 2016.
During the second procedure to repair Anderson's left eye, Dr. Gabriel Chu found the artificial lens he had inserted was defective. The surgeon removed the faulty lens and replaced it, which prolonged the surgery.
The 59-year-old Anderson left the Surrey clinic suffering acute eye pain and nausea. Three to four weeks later, he lost all vision in his left eye and subsequent clinic visits determined his cornea had been damaged and would need to be replaced.
Anderson waited a year before a cornea transplant donor was found. The procedure restored his vision but he had developed ptosis – a drooping of the eyelid – over his left eye.
Two more surgeries to repair the eyelid were unsuccessful, and while his vision was back, the eyelid now drooped enough to significantly obstruct his vision, the court heard.
In Anderson's claim of negligence against Chu, he argued the surgeon damaged both his cornea and eyelid during surgery, causing extreme pain, vision loss, emotional suffering, impaired income earning capacity and loss of enjoyment of life.
'THE SURGERY WAS TRAUMATIC'
Justice Lisa Warren found that Chu performed the surgery negligently, and did not adequately disclose the risks of corneal damage, permanent vision loss and ptosis prior to the surgery.
The surgery on Anderson's left eye was expected to take 10 to 15 minutes, but the complication with the defective lens extended the procedure to 52 minutes, the court heard.
Anderson testified that by the time Chu began removing the lens, he was in agonizing pain, yelling out and kicking his legs as he could feel the surgeon's tools cutting into his eye.
Despite the prolonged procedure, Chu did not provide additional anesthetic, but instead told Anderson to be quiet and stop moving, the former patient told the court.
"I have found that Dr. Chu's negligence caused the injuries for which Mr. Anderson claims damages," the judge wrote in her decision published Wednesday.
"Mr. Anderson has endured considerable physical symptoms and limitations as a result. The surgery itself was traumatic. He could feel sharp instruments in his eye and was subjected to excruciating pain while the defective [lens] was cut into pieces and extracted. He continued to suffer from eye pain for about a month following the surgery and became disfigured by the ptosis."
The judge found Anderson continues to suffer from facial disfigurement more than six years after the surgery, and "now lives with dry eyes, ongoing headaches, double vision, and impaired depth perception."
While the judge found in Anderson's favour in seeking compensation for pain, vision loss, emotional suffering and loss of enjoyment of life, she ruled Anderson did not prove his loss of past and future earning capacity as a result of the botched surgery.
The judge also dismissed Anderson's claims for aggravated and punitive damages, finding no evidence that Chu operated his clinic outside the professional standards of the B.C. College of Physicians and Surgeons.
For his pain, vision loss, emotional suffering and loss of enjoyment of life, Anderson was awarded $180,000 by the court. The judge awarded an additional $7,765.83 for Anderson's associated health-care costs.
CTVNews.ca Top Stories
Expert warns of food consumption habits amid rising prices
A new survey by Dalhousie University's Agri-Food Analytics Lab asked Canadians about their food consumption habits amid rising prices.
Documents reveal Ottawa's efforts to get Loblaw, Walmart on board with grocery code
It was evident to the federal government as early as last fall that Loblaw and Walmart might be holdouts to the grocery code of conduct, jeopardizing the project's success.
opinion The special relationship between King Charles and the Princess of Wales
Royal commentator Afua Hagan writes that when King Charles recently admitted Catherine to the Order of the Companions of Honour, it not only made history, but it reinforced the strong bond between the King and his beloved daughter-in-law.
Charlie Woods, son of Tiger, shoots 81 in U.S. Open qualifier
Charlie Woods failed to advance in a U.S. Open local qualifying event Thursday, shooting a 9-over 81 at Legacy Golf & Tennis Club.
Improve balance and build core strength with this exercise
When it comes to cardiovascular fitness, you may tend to focus on activities that move you forward, such as walking, running and cycling.
'I just want to be safe': Ukrainian man in Canada faces limbo amid consular freeze
A recent decision to restrict consular services for fighting-aged Ukrainian men has made a Ukrainian man in Canada feel less certain of his next steps — and worried he could be pulled back to the war.
B.C. tenants evicted for landlord's use after refusing large rent increase to take over neighbouring suite
Ashley Dickey and her mother rented part of the same Coquitlam duplex in three different decades under three different landlords.
Mountain guide dies after falling into a crevasse in Banff National Park
A man who fell into a crevasse while leading a backcountry ski group deep in the Canadian Rockies has died.
Dozens of U.S. deaths reveal risks of injecting sedatives into people restrained by police
The practice of giving sedatives to people detained by police has spread quietly across the U.S. over the last 15 years, built on questionable science and backed by police-aligned experts, an investigation led by The Associated Press has found.