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
Spectacular aurora light show to be seen across Canada Friday night
A rare and severe solar storm is expected to bring spectacular displays of the northern lights, also known as aurora borealis, across much of Canada and parts of the United States on Friday night.
Which Canadian cities have the highest and lowest grocery prices?
Where you live plays a big factor in what you pay at the grocery store. And while it's no secret the same item may have a different price depending on the store, city or province, we wanted to see just how big the differences are, and why.
McGill University seeks emergency injunction to dismantle pro-Palestinian encampment
McGill University has filed a request for an injunction to have the pro-Palestinian encampment removed from its campus.
Swarm of 20,000 bees gather around woman’s car west of Toronto
A swarm of roughly 20,000 bees gathered around a woman’s car in the parking lot of Burlington Centre.
U.S. says Israel's use of U.S. arms likely violated international law, but evidence is incomplete
The Biden administration said Friday that Israel's use of U.S.-provided weapons in Gaza likely violated international humanitarian law but wartime conditions prevented U.S. officials from determining that for certain in specific airstrikes.
Barron Trump declines to serve as an RNC delegate
Former U.S. President Donald Trump's youngest son, Barron Trump, has declined to serve as a delegate at this summer’s Republican National Convention, according to a senior Trump campaign adviser and a statement from Melania Trump's office.
Mother assaulted by stranger while breastfeeding baby in her car: Vancouver police
A person was arrested in East Vancouver Thursday after allegedly entering a car while a mother was breastfeeding her four-month-old boy.
'We have laws': Premier Smith says police action justified in Calgary
The actions, including the decision to use non-lethal force, to disperse pro-Palestinian protesters from the University of Calgary campus were justified, Alberta Premier Danielle Smith said Friday.
'State or state-sponsored actor' believed to be behind B.C. government hacks
The head of British Columbia’s civil service has revealed that a “state or state-sponsored actor” is behind multiple cyber-security incidents against provincial government networks.