“In 1994, our client consulted with an Ophthalmologist (eye doctor) with a view to correcting his near-sightedness and to eliminate the need to wear eyeglasses. Our client was examined by the Ophthalmologist and advised that laser vision correction was not appropriate but it was recommended he undergo an older procedure called Radial Keratomy and that this surgery would fix his condition. Between 1994 and 2009, the Ophthalmologist performed various procedures on our client. By 2009, our client’s vision had deteriorated to the point where he was forced to retire from dentistry and sell his practice.
It was alleged at trial that the various surgeries between 1994 and 2009 were done negligently and without informed consent. After a Judge-alone trial that lasted almost three weeks, the Court returned a verdict in favour of our client, awarding him over $5.26 million plus prejudgment interest and costs. In her Decision, the Judge stated the following about the trial counsel which included Neil Sacks (one of the founding partners of our firm):
“I would like to thank Counsel…for their excellent advocacy on behalf of their respective clients and their unfailing courtesy to the Court. This was a difficult case, with a multitude of issues and it was hard fought on both sides, as it should have been…
…It was, however, a delight to preside as trial judge with Counsel who were always prepared, never wasted a moment of the court’s time and treated the witnesses and the Court with respect at all times.””
Click here to read the National Post article.