http://usaeyes.us/lawsuits/dr.-joseph-dello-russo-pays-2.1-million-in-medical-malpractice-lawsuit.html
http://tinyurl.com/57rlnv
Eye surgeon settles suit but does not admit fault
Tuesday, July 08, 2008
BY RUSSELL BEN-ALI
Star-Ledger Staff
A Bedminster man who alleges he was left legally blind by Lasik surgery
reached a $2.1 million settlement with the prominent eye surgeon who
performed the proce dure, his attorney said yesterday.
James Dell'Ermo, 47, sought to rid himself of ***bersome eyegl***** and
contact lenses he used for his nearsightedness, said his at torney, David
Mazie of Mazie Slater Katz & Freeman in Roseland.
While his claim could not be verified last night, Mazie said he believed
the
settlement was the largest in a Lasik case in New Jersey history and one
of
the largest ever in the country.
Mazie said his client underwent Lasik surgery in the Bergenfield office of
Joseph Dello Russo, an eye surgeon known in part for his ad vertising
campaign and promotions.
But the procedure left Dell'Ermo legally blind, with vision worse than
20/400 without corrective lenses, Mazie said. Dell'Ermo filed a
malpractice
lawsuit in Ber gen County Superior Court and a settlement was made public
yesterday.
"It's getting to the point where he has to have corneal transplants," to
correct his post-surgical condition, Mazie said.
John Tomaszewski, an attorney for Dello Russo, said the settlement does
not
mean an admission of fault.
"This settlement was arrived at with the understanding of all par ties, in
part to avoid the uncer tainty and the rigors of a long jury trial," said
Tomaszewski, who represented Dello Russo on part of the settlement. "And
in
no way, shape or form does the New Jersey Eye Center or Dr. Dello Russo
concede or admit to any improper treatment or wrongdoing."
Tomaszewski called Dello Russo a pioneer in Lasik technique, a surgeon who
has performed tens of thousands of procedures with expert results.
During Lasik -- which stands for laser-assisted in situ keratomi leusis --
surgery, doctors cut a flap off the top of the cornea with a blade called
a
microkeratome. Sur geons use a laser to reshape the cornea, then return
the
flap.
The operation is the most popular elective surgery in the United States,
with nearly 1.3 million procedures in 2007, a drop from about 1.38 million
in 2006, said David Harmon, president of Market Scope, a marketing firm
that
tracks the Lasik industry. The price can vary but the industry average is
about $2,000 per eye, Harmon said.
But it's not for everyone, Mazie said. The lawyer said Dell'Ermo's
condition
of steep corneas should have ruled him out as a candidate for Lasik. He
said
the procedure caused a condition known as "ec stasia," or bulging of the
cornea, in both of Dell'Ermo's eyes.
"We're starting to see that a lot of people who have undergone Lasik and
are
undergoing Lasik at the moment are not properly screened," Mazie said.
But Tomaszeski insisted Dell'Ermo was properly screened.
"It's Dr. Dello Russo's position that the medical testing and work- up
performed at New Jersey Eye Center revealed (Dell'Ermo) to be an
appropriate
surgical candidate," he said, adding the plaintiff "was provided with good
and appropriate medical, surgical and opthamo logical care."
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