LASIK, EYE INJURY AND BLINDNESS

LASIK is a surgical procedure intended to reduce a person’s dependency on glasses or contact lenses. LASIK stands for Laser-Assisted In Situ Keratomileusis and is a procedure that permanently changes the shape of the cornea, the clear covering of the front of the eye, using an excimer laser.

In the United States, more than a million people each year have corrective laser eye surgery, and about 50,000 of those suffer vision problems or vision loss due to failure of the laser equipment or medical malpractice.

There are many things that can happen to cause injury during LASIK surgery. Sometimes, an individual may not have even been a candidate for LASIK, sometimes the surgeon or technician is negligent in programming the equipment or in reviewing the pre-surgery tests and sometimes equipment can fail or not function properly.

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Keratoconus

If you have Keratoconus or inferior thinning of your cornea, DO NOT HAVE LASIK SURGERY!! LASIK is contraindicated on a person who has Keratoconus or corneal thinning. Unfortunately, some LASIK surgeons have disregarded pre-operative screening tests which are done to determine if the patient has Keratoconus. If a surgeon performs LASIK on an eye with Keratoconus, the cornea may be thinned excessively and begin to bulge forward. A corneal transplant will likely be necessary.

Kimberly has successfully handled cases where the LASIK surgeon disregarded obvious signs of Keratoconus pre-operatively and then performed LASIK surgery with tragic results. Don’t be the next one! ASK YOUR SURGEON TO MAKE SURE YOU SHOW NO SIGNS OF CORNEAL THINNING OR KERATOCONUS BEFORE SURGERY IS CONSIDERED.

There are two types of equipment used in LASIK procedures.

The first is a microkeratome. This device is applied to the eye of the patient by use of a vacuum ring. Once it is secured, an extremely sharp blade cuts a small amount of the cornea at a specific depth determined by your surgeon. There is a flap cut in the cornea and a hinge is left at one end of this flap. The flap is folded back revealing the stroma, the middle section of the cornea. Pulses from a computer-controlled laser vaporize a portion of the stroma and the flap is replaced.

LASIK injury as a result of improper microkeratome use or malfunction include the following:

a. Failure of the microkeratome to leave a “hinge” on the corneal flap during the first incision.
b. Loss of the corneal flap during the LASIK procedure.
c. Loss of the corneal flap after the LASIK procedure.
d. Slipping of the flap causing improper healing after the LASIK procedure.
e. Too deep or too shallow cuts in the flap.
f. Surface tissue entering the cornea.
g. Infection of the cornea.
h. Loss of visual acuity – either from scarring or from the flap interfering with the laser.
i. Technical problems with the microkeratome.

Some of these LASIK injuries are easily corrected with prescription medications, follow –up visits, or possible re-treatment using LASIK. Other LASIK injury can be more permanent, and they can result in serious degradation of visual acuity.

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The other device used in LASIK is the excimer laser.

Once the flap has been cut, the excimer laser is used to “ablate”, or disintegrate, the malformed corneal tissue. This LASIK equipment is operated by a computer program that tells the laser exactly how long the burst of cold, ultraviolet light should last and where it is directed.

Problems with the laser or “bugs” in the software controlling it can all result in post-operative complications from LASIK, thus “LASIK injury”. Equipment fails, even LASIK equipment, this is a fact of life. But who is to blame when that inevitability occurs? There is considerable difficulty in determining whether the LASIK practitioner’s improper use of the LASIK equipment caused an injury or the equipment itself is to blame.

It is usually best, if there is a problem that occurred during the LASIK surgery, causing a LASIK injury, merely to fault the surgeon in your case. Leave the suit against the LASIK equipment maker to the doctor. After all, it is the doctor’s duty to select the best LASIK equipment for the job and to make sure that it functions properly before each procedure. Not all LASIK injuries are a result of LASIK failure.

When the LASIK physician is at fault, more often than not, the error is not intentional but is a result of the surgeon failing to follow the standards of care set forth by his peers.

Click here to contact Kimberly A. Stovall, the Dallas Personal Injury Attorney Who Cares!

LASIK Advertising

The LASIK industry, being highly-competitive, is forced to advertise far more heavily than other medical industries. Many offices rely on “co-op” dollars from their equipment manufacturers to fund their advertising campaigns. VisX, a top-five manufacturer of laser eye surgery equipment said in an advertisement run in 1999 that their LASIK equipment was so good that further improvements would not have any implication for the patient but only help the doctors to operate the equipment with greater ease.

Obviously, that statement is false. So is the statement made by Jerry Della Femina, of a famous New York ad agency contracted by LaserONE, saying that with LASIK, “there is no pain!” This is in direct violation of American Academy of Opthalmology advertising guidelines, and is considered to be deceptive marketing under US law.

Anytime a practioner makes a statement that their office provides LASIK patients with “perfect vision” every time or that there are no side-effects such as diminished night-vision from the LASIK procedures, they may be practicing deceitful marketing techniques. If a practitioner mentions the great benefits of their new LASIK equipment without also disclosing the risk and complications of that equipment, they may be practicing deceitful marketing techniques.

Federal and state consumer protection laws govern the promises that are made in the ads and the nature of the promises contained in the ad may give you the ability to sue your surgeon even where you cannot otherwise seek redress for a failed refractive surgery procedure in a traditional medical malpractice lawsuit. Advertising is considered deceptive if it is likely to mislead reasonable consumers and if it is likely to affect consumers’ conduct or decisions.

The Federal Trade Commission Act (FTCA) specifically prohibits false ads likely to induce the purchase of food, drugs, devices or cosmetics. It defines a false ad as one which is “misleading in a material respect.” Thus, any statement that cannot be substantiated and that is likely to induce purchase may be considered deceptive in nature.


The three simple FTCA rules are:

a. Tell the truth – Do not mislead consumers implicitly or expressly about the safety or benefits of your product by what you say expressly or by what your ad implies.

b. Tell all the truth – Do not omit information necessary to keep what you say from being deceptive.

c. Make sure it is the truth – Have adequate support for any objective claim, express or implied.

The web sites of doctors providing laser surgery must, but frequently don’t, disclose all the risks and complications, as required by FDA rules, whenever a particular laser’s benefits are mentioned in marketing materials.

The US Food and Drug Administration (FDA) also has several strict rules in place for marketing of medical procedures , drugs, and devices. Any time a benefit is claimed in marketing materials, the potential risks and complications must also be disclosed. Comptetiveness in the field of the LASIK industry is very unique when compared to other medical fields.

The LASIK industry enjoys high margins, low total cost of entry, and strong consumer demand. However, these factors are also its weak points. Since it’s so easy to enter the LASIK eye market, LASIK centers are opening up at an astonishing rate – there are even LASIK clinics at malls! And with the incredible margins, LASIK competition can really get dirty. Doctors will tout their new “blade free” LASIK systems or their “low-low price” as compelling factors to use them over their competitors.

Click here to contact Kimberly A. Stovall, the Dallas Personal Injury Attorney Who Cares!

BLINDNESS, LASIK and EYE INJURY LINKS

A Blind Net – www.blind.net
• Disability resource offers lists of support organizations and an index of companies offering products and services for the blind.

AgingEye Times – http://www.agingeye.net
• An online aging eye journal that provides free access to current medical information and future research and development on diseases that may cause low vision and blindness in the elderly. Current information on potentially blinding diseases like cataract, glaucoma, dry eyes and macular degeneration.

All About Vision – Low Vision Information –
http://www.allaboutvision.com/lowvision
• Guide to vision correction explores contact lenses, eyeglasses and laser surgery. Locate doctors and learn about eye diseases and conditions.

American Academy of Ophthalmology – www.aao.org
• Read about this professional associations of ophthalmologists, find a doctor, and learn about eye problems.

American Council of the Blind – www.acb.org
• Serving as a representative national organization of blind people, offers resources on emergency evacuation and disaster preparedness. Also includes ACB radio station, job bank, Braille forum and announcements from Washington.

Blind Golf – www.blindgolf.com
• Resources that provides links to blind golf associations in Europe, North America, Asia, and Australia. Includes the Midnight Golfer newsletter.

Eye Care Source – http://www.eyecaresource.com
• Eye Care Source provides resources and information about vision, eye care, contacts, eyeglasses, and much more for eye care professionals, visitors, or anyone to research through and find information.

Eye Know Why –
• Site is very skeptical of refractive surgery, but is generally factual.

Family Village – Blindness and Visual Impairments –
www.familyvillage.wisc.edu/lib_blnd.htm
• Offers contact details for support services, a collection of chat rooms, mailing lists, and links to medical sources.

Guide Dogs for the Blind – www.guidedogs.com
• Non-profit organization that provides guide dogs and training in their use to virtually impaired people. Includes breeding, kennel and veterinary care, locations, events, etc.

Golden Ophthalmics – http://www.guldenindustries.com/index.html
• Manufacturers, marketers and service providers for ophthalmic medical products.


University of Houston College of Optometry – http://www.opt.uh.edu
• Information for prospective students current student alumni visitors quick links: University eye institute continuing education admissions academic programs faculty and research centers; library publications departments people directory.

Vision – http://www.blind.msstate.edu/
• The website for The Rehabilitation Research and Training Center on Blindness and Low Vision for the Mississippi State University.

Wilmer Eye Institute’s Information Source at John Hopkins –
http://www.hopkinsmedicine.org/wilmer/
• Exhaustive resource of information regarding the care and prevention of eye ailments. Includes information on clinical services, education, and research.

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