September 10, 2008
Attorney David Mazie Goes Eyeball to Eyeball with Lasik Surgeon
Roseland, NJ: You know how some people just seem smart—well that’s
how attorney David Mazie seems. Smart! At age 46 Mazie has won millions and
millions of dollars on behalf of clients lucky enough to get his firm to take on
their case. His most recent win is an eye popping $2.1 million settlement
recovered for a 47-year old man rendered legally blind because of a Lasik eye
surgery procedure. “The settlement is large because the malpractice was
clear,” says Mazie, “and the damage was significant and it significantly
impacted Mr. Dell’Ermo’s life.”
Lasik
surgery alters the shape of the cornea to eliminate the need to wear glasses.
The surgery was pioneered in Bogota, Columbia in the 1950s and over the last two
decades, the introduction of laser technology has made it a commonplace and
popular choice for tens of thousands of people.
James Dell’Ermo was an executive with a security services business. His vision
was good, but at age 47, he needed glasses for distance. To correct his vision
he chose a well-known eye doctor in New Jersey. Dr. Joesph Dello Russo has been
something of a celebrity on the east coast as attorney David Mazie describes
him. Della Russo once performed Lasik surgery live on "Good Morning
America" and spent thousands of dollars every year promoting his eye
clinic.
The result of surgery was a long way from what Mazie’s client had expected.
“Mr. Dell’Ermo went from a situation where he kind of needed glasses for
distance, to a situation where he is going to need corneal transplants and he is
legally blind,” says Mazie.
Although thousands of Lasik eye surgeries are done in the US every year, not
everyone is a suitable candidate for the procedure. “He was not an appropriate
candidate for the procedure, it is not for everyone,” adds Mazie.
“Dell’Ermo’s vision is now worse than 20/400. Even with corrective lenses,
he has only 20/50 vision,” says Mazie. “And because of the shape of eye, the
contacts he wears pop out several times a day.”
The firm used a world-renowned expert on preoperative testing procedures who
gave testimony that, given Dell’Ermo’s steep corneas, it made him unsuitable
for Lasik surgery—something that a Lasik surgeon should have recognized.
Dr. Joesph Dello Russo makes no admission of guilt in the $2.1 million
settlement and it was done only for expediency’s sake, according to his
counsel. However, it stands as the largest Lasik surgery settlement in the
history of New Jersey and perhaps in the US.
Mazie has settled several other Lasik surgery malpractice lawsuits against Dr.
Della Russo and has a couple still pending.
His firm, Mazie, Slater, Katz & Freeman has a reputation for taking on cases
that are large and difficult. Sometimes Mazie and the other lawyers at the firm
take on cases that other lawyers turn down. “We like to take on interesting,
cutting edge cases that we consider challenging and out of the box,” says
Mazie.
In 2005, Mazie sued the alcohol concession stand at Giant Stadium on behalf of a
7-year-old girl paralyzed in an accident with a drunk driver who had been
drinking at a football game. The original verdict was an astounding $135
million. The amount was latter reduced and a confidential settlement was
reached—but the original verdict stands as the largest ever award for a
personal injury case in New Jersey and the largest ever alcohol liability
verdict in the US.
Other lawyers had turned the case away, but not Mazie. “If it is a case where
we think we can help someone who has been really wronged, and it makes sense for
us, then we’ll do it,” says Mazie.
He makes it all sound so simple. It is simple for a smart lawyer like Mazie.