LASIK Eye Surgery Malpractice $3 Million Pay Out
A St. Louis County jury determined that Northern Refractive Surgery Center was negligent in its care and treatment of a Duluth man and awarded him more than $3 million in damages.
The verdict reached Thursday night is believed to be the largest jury monetary award in Duluth history.
Lowell Larson, 34, manager of technical services at the College of St. Scholastica, brought the malpractice lawsuit against Dr. Jeffrey R. Weis and Northern Refractive Surgery Center of Hermantown last July.
Larson alleged that the defendants were negligent in his care and treatment by:
• Failing to properly measure the size of his pupils before performing LASIK surgery on Jan. 4, 2001.
• Failing to properly screen him from LASIK eye surgery because of his larger-than-average pupils.
• Failing to properly advise Larson in a meaningful way of the risks associated with LASIK eye surgery, given his pupil size.
Larson claimed that as a direct result of negligent care and treatment he sustained "significant and permanent disturbances in his vision, particularly at night."
In LASIK surgery, precise and controlled removal of corneal tissue by a special laser reshapes the cornea, changing its focusing power. It is intended to reduce a person's dependency on correctional lenses.
The eight-member jury determined that Northern Refractive Surgery failed to inform Larson about the risks involved in LASIK surgery, about alternatives to the LASIK procedure, and that the failure was a direct cause of harm or injury to the plaintiff.
Jurors also found that Larson was negligent with regard to his own care and treatment, but that negligence was not a direct cause of harm or injury to himself.
The total jury award is $3,002,950.
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