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
Canadian gov't proposes new foreign influence registry as part of wide-spanning new bill
Prime Minister Justin Trudeau's government is proposing a suite of new measures and law changes aimed at countering foreign interference in Canada, amid extensive scrutiny over past meddling attempts and an ever-evolving threat landscape.
Boeing Starliner capsule's first crewed test flight postponed
The long-awaited first crewed test flight of Boeing's new Starliner space capsule was called off for at least 24 hours over a technical issue that launch teams were unable to resolve in time for the planned Monday night lift-off.
Teacher charged in historical sexual assault of Calgary teenage girl
Calgary police have charged a teacher with the alleged sexual assault of a teenage girl more than 20 years ago.
Winnipeg man admits to killing four women, argues he's not criminally responsible
Defence lawyers of Jeremy Skibicki have admitted in court the accused killed four Indigenous women, but argues he is not criminally responsible for the deaths by way of mental disorder – this latest development has triggered a judge-alone trial rather than a jury trial.
Man banned from owning animals after fatal Calgary dog attack
The owner of three Calgary dogs that got loose and mauled a woman to death in 2022 has been ordered to pay a $15,000 fine within one year and banned from owning any animal for 15 years.
East-end Ottawa family dealing with massive rat infestation
Residents in Ottawa’s Elmridge Gardens complex are dealing with a rat infestation that just won’t go away. Now, after doing everything they can to try to fix the issue, they are pleading with the city to step in and help.
Mediterranean staple may lower your risk of death from dementia, study finds
A daily spoonful of olive oil could lower your risk of dying from dementia, according to a new study by Harvard scientists.
An El Nino-less summer is coming. Here's what that could mean for Canada
As Canadians brace themselves for summer temperatures, forecasters say a weakening El Nino cycle doesn’t mean relief from the heat.
Newfoundland and Labrador latest province to tighten rules on Airbnbs
Newfoundland and Labrador is the latest jurisdiction to bring in stricter rules for short-term rentals, with a coming set of regulations that will force operators to register with the provincial government.