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
El Nino weakening doesn't mean cooler temperatures this summer, forecasters say
As Canadians brace themselves for summer temperatures, forecasters say a weakening El Nino cycle doesn’t mean relief from the heat.
BREAKING 15-year-old boy stabbed Thursday in Nepean dies
A 15-year old boy who was critically injured after a stabbing in Nepean on Thursday has died of his injuries, Ottawa's English public school board said Sunday.
Dash cam catches moment suspected drunk driver hits parked car, sends it careening into North Shore flower shop
Police say it’s fortunate no one was injured or killed in a collision at North Vancouver’s Park and Tilford shopping centre Saturday evening that sent one vehicle careening into a flower shop and another into a set of concrete barriers outside a Winners store.
Nylander defends Leafs' core after playoff exit, Toronto again picks up the pieces
The Maple Leafs battled back from a 3-1 series deficit against the Boston Bruins with consecutive 2-1 victories - including one that required extra time - in their first-round playoff series to push the club's Original Six rival to the limit before suffering a devastating Game 7 overtime loss.
Amid climate change warnings, Canadians lukewarm on electric vehicles
Amid scientists' warnings that nations need to transition away from fossil fuels to limit climate change, Canadians are still lukewarm on electric vehicles, according to a study conducted by Nanos Research for CTV News.
Three dead, two hospitalized, following collision in Fredericton: police
Three people have died and two have been hospitalized after a speeding car struck a tree and landed on another vehicle in Fredericton Sunday morning.
Montreal man on the hook for thousands of dollars after a feature on his Tesla caused an accident
A Montreal man is warning Tesla drivers about using the Smart Summon feature after his vehicle hit another in a parking lot.
Madonna's biggest-ever concert transforms Rio's Copacabana beach into a massive dance floor
Madonna put on a free concert on Copacabana beach Saturday night, turning Rio de Janeiro's vast stretch of sand into an enormous dance floor teeming with a multitude of her fans.
Mexican authorities say thieves killed 2 Australians and an American to steal their truck
Thieves killed two Australians and an American on a surfing trip to Mexico in order to steal their truck, particularly because they wanted the tires, authorities said Sunday.