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
BREAKING Israel attacks Iran, Reuters sources say; drones reported over Isfahan
Israel has attacked Iran, three people familiar with the matter told Reuters, as Iranian state media reported early on Friday that its forces had destroyed drones, days after Iran launched a retaliatory drone strike on Israel.
American millionaire Jonathan Lehrer denied bail after being charged with killing Canadian couple
American millionaire Jonathan Lehrer, one of two men charged in the killings of a Canadian couple in Dominica, has been denied bail.
Nearly half of China's major cities are sinking, researchers say
Nearly half of China's major cities are suffering 'moderate to severe' levels of subsidence, putting millions at risk of flooding especially as sea levels rise.
Prince Harry formally confirms he is now a U.S. resident
Prince Harry, the son of King Charles III and fifth in line to the British throne, has formally confirmed he is now a U.S. resident.
Judge says 'no evidence fully supports' murder case against Umar Zameer as jury starts deliberations
The judge presiding over the trial of a man accused of fatally running over a Toronto police officer is telling jurors the possible verdicts they may reach based on the evidence in the case.
Health Canada to change sperm donor screening rules for men who have sex with men
Health Canada will change its longstanding policy restricting gay and bisexual men from donating to sperm banks in Canada, CTV News has learned. The federal health agency has adopted a revised directive removing the ban on gay, bisexual and other men who have sex with men, effective May 8.
Colin Jost names one celebrity who is great at hosting 'Saturday Night Live'
Colin Jost, who co-anchors Saturday Night Live's 'Weekend Update,' revealed who he thinks is one of the best hosts on the show.
Sports columnist apologizes for 'oafish' comments directed at Caitlin Clark. The controversy isn't over
A male columnist has apologized for a cringeworthy moment during former University of Iowa superstar and college basketball's highest scorer Caitlin Clark's first news conference as an Indiana Fever player.
'Shopaholic' author Sophie Kinsella reveals brain cancer diagnosis
Sophie Kinsella, the best-selling author behind the 'Shopaholic' book series, has revealed that she is receiving treatment for brain cancer.