Trial is scheduled to begin on April 29, 2013 in the United States District Court for the District of Colorado for a LASIK medical malpractice case filed against a LASIK surgery center known as 20/20 Institute, LLC and a LASIK surgeon in which the medical malpractice plaintiffs (a husband and wife) allege that the defendants permanently injured the husband when the incorrect numbers were entered in the surgical laser. The medical malpractice complaint also alleges deceptive trade practices in violation of the Colorado Consumer Protection Act, fraud, and misrepresentation.
An amended medical malpractice complaint filed in the case alleges that the LASIK surgery center and the LASIK surgeon engaged in false and misleading advertising by expressly promising 20/20 uncorrected visual acuity; by implicitly promising perfect vision; by asserting that they are the official LASIK provider for two professional sports teams, the Colorado Avalanche and Indianapolis Colts, and now, the Denver Broncos; by promising a lifetime of clear vision; and, by failing to disclose that they rely on a large volume of LASIK procedures to increase revenues and decrease costs.
What Is LASIK?
Vision correction surgery with refractive lasers is intended to reduce a person’s dependency on glasses or contact lenses. In refractive surgery, precise and controlled removal of corneal tissue by a special laser permanently reshapes the cornea (a part of the eye that helps focus light to create an image on the retina) and changes its focusing power. LASIK, which stands for Laser-Assisted In Situ Keratomileusis, is one type of vision correction surgery that uses refractive lasers to correct nearsightedness, farsightedness, and astigmatism.
On December 18, 2012, the FDA had issued a safety alert warning five LASIK providers, including 20/20 Institute Indianapolis LASIK, of Indianapolis, “to stop the misleading advertising and promotion of refractive lasers used in eye surgery procedures such as LASIK.” The FDA found that the providers’ advertisements and promotional materials did not offer consumers adequate information about associated risks, as well as warnings and possible adverse events.
The other LASIK providers who received the FDA warning were: Scott Hyver Visioncare Inc., of Daly City, California; Rand Eye Institute, of Deerfield Beach, Florida; Eye Center of Texas, of Bellaire, Texas; and, Woolfson Eye Institute, of Atlanta, Georgia.
In announcing the warning, an FDA official stated, “Advertising by many eye care professionals who perform laser vision correction surgery provides patients with the risk information that they need to make informed decisions. But providers whose advertising does not provide adequate risk information are finding out today that the FDA is serious about consumer protection.”
The most common risks of LASIK vision correction surgery with refractive lasers include: dry eye syndrome, which can be severe; the possible need for glasses or contact lenses after surgery; visual symptoms including halos, glare, starbursts, and double vision, which can be debilitating; and, loss of vision.
If you or someone you know had a bad result or a complication from LASIK surgery in Colorado or in another U.S. state, you should promptly contact a Colorado medical malpractice attorney or a medical malpractice attorney in your state who may be willing to investigate your LASIK claim for you and represent you in a LASIK malpractice claim, if appropriate.
Click here to visit our website to be connected with LASIK malpractice lawyers in Colorado or LASIK malpractice lawyers in your state who may be able to assist you with your LASIK claim or telephone us toll-free at 800-295-3959.
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