Kilfoy v. Defendant Ophthalmologist

  • Circuit Court of Cook County, Illinois (O'Brien)03/05/2006
    Client: Defendant Ophthalmologist
    Outcome: Defense Verdict


Plaintiff alleged permanent visual impairment caused by Lasik surgery, claiming that an intraoperative complication involving the corneal flap should have caused the surgeon to halt the surgery.

Plaintiff also claimed that the patient was an inappropriate candidate for Lasik surgery under her particular circumstances and requested between $1.5 and $3 million.

DBMS successfully argued that the surgeon exercised his good judgment in deciding to continue with the surgery and that the intraoperative complication had no long-term consequences for this patient. Moreover, they persuaded the jury that this patient was an appropriate candidate for the surgery.