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Ophthalmologist fails to diagnose infection that results in the loss of an eye to a 76-year old female

Type of Injury: Loss of Eye
Type of Case: Medical Malpractice
Settlement Amount: $425,000.00

(Failure to Timely Diagnose and Treat Intraocular Infection Resulting in Removal of Right Eye) F-73 underwent cataract surgery (extracapsular cataract extraction by phacoemulsification with implantation of a LI-61AO lens through a shooter) on her right eye on August 24, 2005. On August 30, 2005 at approximately 8:00 p.m., Plaintiff presented to Elmhurst Memorial Hospital complaining of right eye pain and blurred vision. The emergency room physician, James J. Glower, M.D. of Elmhurst Emergency Medical Services, Ltd., documented in the medical chart the following clinical findings regarding Plaintiff’s right eye: 1) the conjunctiva of her right eye was red and swollen, 2) the cornea was swollen, 3) no evidence of hypopyon, and 4) increased intraocular pressure in the right eye. Following a telephone consultation with Dr. Robert J. Marselle (ophthalmologist), Plaintiff was diagnosed with a corneal abrasion and was scheduled for a follow-up the following morning at 8:00 a.m. with Dr. Marselle. On August 31, 2005, Dr. Marselle saw Plaintiff, diagnosed her with probable endophthalmitis, and immediately referred her to retina specialists (Aaron Weinberg, M.D. and Kenneth Resnick, M.D. of Retina Associates in Oak Brook, Illinois) where she was diagnosed with methicillin resistant staphylococcus aureus endophthalmitis (post-operative infection). Plaintiff subsequently underwent a pars plana vitrectomy (removal of the vitreous) of the right eye, multiple intravitreal antibiotic injections (vancomycin) into the right eye, evisceration (removal of the contents of the globe while leaving the sclera and extraocular muscles intact) of the right eye, and, then, enucleation (removal of the eye from the orbit while preserving all other orbital structures) of the right eye. Currently, Plaintiff wears a custom plastic artificial (prosthetic) right eye.

Injuries: Due to the alleged medical negligence of the defendants, Plaintiff sought compensation for physical and emotional pain, the loss of her right eye.

Specials: Medicals: $30,000+ Lost Income: N/A Occupation: N/A

What Each Defendant Paid: Robert J. Marselle, M.D. ($410,000) Elmhurst Memorial Hospital ($15,000)

Insurance Company: Robert J. Marselle, M.D. (ISMIE) Elmhurst Memorial Hospital (Self-Insured)

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