Exposing the LASIK Scam

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 Post subject: Steve Post $4 million award in pupil size case
PostPosted: Mon Oct 29, 2007 3:51 pm 

Joined: Thu Nov 24, 2005 9:06 pm
Posts: 297
EyeWorld, September 2002

Screening was key point in LASIK trial jury verdict

Beal told EyeWorld that he and his co-lead counsel, Schmidt, based their case on screening issues, questioning whether the patient's pupil size was appropriate for the Visx Star S2 (3.1 software) excimer laser's effective optical zone used in treatment. He also said meaningful informed consent was lacking before surgery.

EyeWorld, November 2002

Defense lawyer asks for new trial in $4 million LASIK verdict

Post's attorney, Schmidt, referred to published information authored by other experts indicating that optical treatment zones decrease as degrees of myopia increase. Schmidt also asked Machat if he had been subjected to verbal abuse by colleagues following the verdict, hinting that this might have influenced his change of testimony.
"I have many colleagues who are very upset with me," Machat said. "I have patients who are upset with me. I have corporate members who are upset with me. They thought it was irresponsible of me..."
Machat is chief surgeon and a founder of TLC Laser Eye Centers.
"Have you been cursed?" Schmidt asked.
"Verbally assaulted - at the [ASCRS] conference, for example?"
"As a result of this, have you been asked to resign from the advisory board of TLC?"
Earlier in his testimony, Machat described a meeting with the TLC attorney, CEO and medical director following the trial and jury verdict.

EyeWorld, December 2004

Judge reinstates $4 million award against LASIK center

A $4 million jury award against a group of LASIK surgeons was reinstated by an Arizona judge after an effort for a new trial was rejected.
Pima County Superior Court Judge Kenneth Lee upheld the record award in a photorefractive surgery case, which was brought by a former airline pilot who sued for injuries from LASIK surgery.
Post won the $4 million verdict in a May 2002 trial against University Physicians Inc. (UPI), which performed the surgery in Tucson, Arizona in 2000.
Lee had allowed a retrial after the original jury verdict but that decision was overturned by the Arizona Court of Appeals, and the Arizona Supreme Court declined to review the case, according to Ted Schmidt, an attorney for Steve Post, the former pilot whose night vision was impacted enough to disqualify him from flying for major airlines.


"What concerns me is that if the person informing the patient is themselves poorly or inaccurately informed then how on earth can consent ever be truly informed?" Dr. Sarah Smith

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