LASIK Surgery Mishap Leads to Jury Verdict of $362,274; Spevak v. Doctors for Visual Freedom

Tracy Spevak had undergone a LASIK surgery on her right eye once before. However, in January 2007, the defendant ophthalmologist did a LASIK surgery to attempt to enhance vision in Tracy’s right eye. During the surgery, Dr. Mark Golden, the defendant ophthalmologist, chose to re-cut the original LASIK flap, causing complications which necessitated additional surgeries on that eye.

Tracy now has permanent scar tissue in the central portion of her right eye. She has impaired vision, resulting in a kaleidoscope vision of lights at night, nausea, vertigo and migraine headaches. Her past medical bills totaled $8,274.

Tracy now will require a full or partial corneal transplant. At trial, the plaintiff argued that the medical standard of care required Dr. Golden to perform either a re-lifting of the original LASIK flap or a surface treatment.

The defendant, Dr. Golden and his practice company, contended that re-cutting the flap was not a rule that was broken. It was argued that the standard of care was performing the enhancement and continuing with the laser ablation, cutting away tissue, which provided the plaintiff with 20/25 visual acuity in the right eye.

The jury’s verdict of $362,274 included loss of services to Tracy Spevak’s husband, Gary Spevak. The $308,274 in damages were broken down in the following fashion:

• $205,000 for pain and suffering;
• $95,000 for loss of normal life; and
• $8,274 for medical expenses.
$54,000 to Gary Spevak for loss of services.

The attorney for Tracy and Gary Spevak was Glenn C. Ronaldson. The demand before trial was $500,000. The offer to settle before trial was $100,000. According to the Cook County Jury Verdict Reporter, there was no demand or offer made until jury selection.

Tracy Spevak and Gary Spevak v. Dr. Mark I. Golden and Doctors for Visual Freedom, Ltd., 08 L 14080 (Cook County).

Kreisman Law Offices has been handling medical negligence matters, nursing home abuse cases and wrongful death matters for individuals and families for more than 36 years in and around Chicago, Cook County and surrounding areas including, Schiller Park, Northlake, Bensenville, Chicago (Garfield Park), Oak Park, Forest Park, Bedford Park, Burbank, Bridgeview, Chicago Ridge and Crestwood, Ill.