EyeWorld, September 2002
Screening was key point in LASIK trial jury verdict
by Marilyn Haddrill Contributing Editor
Quote:
Beal told EyeWorld that he and his co-lead counsel,
Schmidt, based their case on screening issues,
questioning whether the patient's pupil size was
appropriate for the Visx Star S2 (3.1 software) excimer
laser's effective optical zone used in reatment. He also
said meaningful informed consent was lacking before
surgery.
Source: http://www.eyeworld.org/article.php?sid=1972
EyeWorld, November 2002
Defense lawyer asks for new trial in $4 million LASIK verdict
by Marilyn Haddrill Contributing Editor
Quote:
Post's attorney, Schmidt, referred to published
information authored by other experts indicating that
optical treatment zones decrease as degrees of myopia
increase. Schmidt also asked Machat if he had been
subjected to verbal abuse by colleagues following the
verdict, hinting that this might have influenced his
change of testimony.
"I have many colleagues who are very upset with me," Machat said. "I have patients who are upset with me. I have corporate members who are upset with me. They thought it was irresponsible of me..."
Machat is chief surgeon and a founder of TLC Laser Eye Centers.
"Have you been cursed?" Schmidt asked.
"Yes."
"Verbally assaulted - at the [ASCRS] conference, for example?"
Yes."
"As a result of this, have you been asked to resign from the advisory board of TLC?"
"Yes."
Earlier in his testimony, Machat described a meeting with the TLC attorney, CEO and medical director following the
trial and jury verdict.
Source: http://www.eyeworld.org/article.php?sid=1505
EyeWorld, December 2004
Judge reinstates $4 million award against LASIKcenter
by Rich Daly Contributing Editor
Quote:
A $4 million jury award against a group of LASIK
surgeons was reinstated by an Arizona judge after an
effort for a new trial was rejected.
Pima County Superior Court Judge Kenneth Lee upheld
the record award in a photorefractive surgery case,
which was brought by a former airline pilot who sued for
injuries from LASIK surgery.
Post won the $4 million verdict in a May 2002 trial
against University Physicians Inc. (UPI), which performed
the surgery in Tucson, Arizona in 2000.
Lee had allowed a retrial after the original jury verdict
but that decision was overturned by the Arizona Court of
Appeals, and the Arizona Supreme Court declined to
review the case, according to Ted Schmidt, an attorney
for Steve Post, the former pilot whose night vision was
impacted enough to disqualify him from flying for major
airlines.
Source: http://www.eyeworld.org/article.php?sid=2229