Doctor’s reconstruction surgery didn’t cause later complications – Defense Verdict

At age 3, plaintiff had a facial tumor removed from the right side of his face. As a result, the growth centers of his face were altered resulting in the right side being smaller. He had numerous surgeries over the next few years, including one by the defendant surgeon in 2011 at age 18. The defendant performed facial reconstruction surgery, including a right orbital reconstruction. Plaintiff alleged that he did not consent to the right orbital reconstruction. Plaintiff’s expert opined that that the defendant damaged an oculomotor nerve and as a result, he suffered from ptosis and double vision. Defendant argued that he had an extensive discussion regarding the surgery and drew a detailed diagram during the pre-op visit.

Defendant’s experts opined that the defendant performed the surgery appropriately and that scar tissue from the numerous surgeries to the right side of plaintiff’s face caused the ptosis and double vision.

[18-T-049]

Type of action: Medical Malpractice

Injuries alleged: Facial deformity, ptosis, double vision, sunken eyeball

Court: Norfolk Circuit Court

Case no.: CL15-108

Tried before: Judge

Name of judge or mediator: Judge John R. Doyle III

Date resolved: Feb. 1, 2018

Special damages: $117,000

Verdict or settlement: Defense Verdict

Attorneys for defendant: Robert Donnelly and Robyn Ayres, Richmond

Plaintiff’s experts: Nicholas Illif, M.D. – oculoplastic surgeon – Maryland

Defendant’s experts: Kant Lin, M.D. – craniofacial plastic surgeon – Kentucky; Richard Anderson, M.D. – oculoplastic surgeon – Utah

Insurance carrier: The Doctors Company