February 11, 2004

Appeals Court Overturns Judge's Order for New Trial in Pilot's Case

The Arizona Court of Appeals has overturned a judge's order for a new trial in the case of a former airline pilot who sued for damage done by LASIK eye surgery.

The decision reinstates the $4 million verdict, the largest award ever given in a case involving the popular eye surgery, said the attorney for plaintiff Steve Post.

Post, a 33-year-old resident of Sierra Vista, is a former commercial pilot for United Airlines who claims his night vision was destroyed by the surgery, rendering him unable to fly for major airlines since May 2000.

Post won the $4 million verdict in a May 2002 trial against University Physicians Inc., the clinic that performed the surgery.

Then in November 2002, Pima County Superior Court Judge Kenneth Lee ordered a new trial after ruling that an expert witness who testified on Post's behalf wasn't qualified to testify about the computer software used in the surgery.

University Physicians could still file a petition for review to the Arizona Supreme Court.

www.mysouthernaz.com

Posted by Admin at February 11, 2004 05:44 PM
Comments
I had the same thing happen to me as the pilot. I have night blindness and need the brightest light indoors and out to see and still do not see as well prior to surgery with contacts or glasses. If I were a pilot I would get millions too. Apparently, being a single mom of two boys who needs to drive them places at night and needs to drive home from work at night doesn't entitle me to a lawsuit. I can't drive on the highway anymore because my dominant eye was changed from right to left during an enhancement surgery. I did not know what effect this would have on me. I was told my night blindness would get better. It did not and my eye sight continues to regress. I used to be a very attractive 43 year old. Because of the turmoil of this surgery and the effects it has on my life, I have gained 50 pounds. I am now trying to lose weight and deal with this disability. My pupil size also changed as a result of this surgery. I had large pupils in bright light before and my pupils would extend to almost the entire width of my iris in the dark; now it only extends half way and the bigger the pupil gets in dimmed light the harder it is to see. Any comments? Posted by: marianne viverito at November 8, 2004 03:53 AM