USAEYES - Dr. Joseph Dello Russo Pays 2.1 Million in Medical Malpractice Lawsuit
Brent Hanson - USAEyes.us
Eye surgeon settles suit but does not admit fault
Tuesday, July 08, 2008
BY RUSSELL BEN-ALI
Star-Ledger Staff
A Bedminster man who alleges he was left legally blind by Lasik surgery
reached a $2.1 million settlement with the prominent eye surgeon who
performed the proce dure, his attorney said yesterday.
James Dell'Ermo, 47, sought to rid himself of cumbersome eyeglasses and
contact lenses he used for his nearsightedness, said his at torney, David
Mazie of Mazie Slater Katz & Freeman in Roseland.
While his claim could not be verified last night, Mazie said he believed the
settlement was the largest in a Lasik case in New Jersey history and one of
the largest ever in the country.
Mazie said his client underwent Lasik surgery in the Bergenfield office of
Joseph Dello Russo, an eye surgeon known in part for his ad vertising
campaign and promotions.
But the procedure left Dell'Ermo legally blind, with vision worse than
20/400 without corrective lenses, Mazie said. Dell'Ermo filed a malpractice
lawsuit in Ber gen County Superior Court and a settlement was made public
yesterday.
"It's getting to the point where he has to have corneal transplants," to
correct his post-surgical condition, Mazie said.
John Tomaszewski, an attorney for Dello Russo, said the settlement does not
mean an admission of fault.
"This settlement was arrived at with the understanding of all par ties, in
part to avoid the uncer tainty and the rigors of a long jury trial," said
Tomaszewski, who represented Dello Russo on part of the settlement. "And in
no way, shape or form does the New Jersey Eye Center or Dr. Dello Russo
concede or admit to any improper treatment or wrongdoing."
Tomaszewski called Dello Russo a pioneer in Lasik technique, a surgeon who
has performed tens of thousands of procedures with expert results.
During Lasik -- which stands for laser-assisted in situ keratomi leusis --
surgery, doctors cut a flap off the top of the cornea with a blade called a
microkeratome. Sur geons use a laser to reshape the cornea, then return the
flap.
The operation is the most popular elective surgery in the United States,
with nearly 1.3 million procedures in 2007, a drop from about 1.38 million
in 2006, said David Harmon, president of Market Scope, a marketing firm that
tracks the Lasik industry. The price can vary but the industry average is
about $2,000 per eye, Harmon said.
But it's not for everyone, Mazie said. The lawyer said Dell'Ermo's condition
of steep corneas should have ruled him out as a candidate for Lasik. He said
the procedure caused a condition known as "ec stasia," or bulging of the
cornea, in both of Dell'Ermo's eyes.
"We're starting to see that a lot of people who have undergone Lasik and are
undergoing Lasik at the moment are not properly screened," Mazie said.
But Tomaszeski insisted Dell'Ermo was properly screened.
"It's Dr. Dello Russo's position that the medical testing and work- up
performed at New Jersey Eye Center revealed (Dell'Ermo) to be an appropriate
surgical candidate," he said, adding the plaintiff "was provided with good
and appropriate medical, surgical and opthamo logical care."
Glenn Hagele - USAEyes.org
their ire toward me. Their attacks include lying about my financial
history, insulting my wife, publishing my personal identity including
Social Security number, bank account numbers, credit card numbers on
their bulletin boards, defamation, trademark infringement, listing
doctors we have not certified as recommended, harassing those who fund
and govern our nonprofit organization, and often doing this while
hiding behind false identities and multiple aliases.
Considering the work I do to advocate for Lasik patients and the
nonprofit patient advocacy I founded, their acts seem to have no logic
or reason. Even stranger is the fact that these people did not seek
our information before surgery and did not use doctors certified by
our organization, but you can't use logic and reason on illogical and
unreasonable people.
The outrageous accusations, manipulations, half-truths, outright lies,
false complaints, and attacks on me and others by these anti-Lasik
zealots have caused them some serious trouble.
One recently had the FBI show up at his door investigating an alleged
extortion attempt against his former surgeon and had previously been
charged with felony use of false identity and resisting arrest.
Another has a permanent restraining order against him for threatening
Dallas Lasik doctor William Boothe, MD with physical violence, has
been sued for defamation, lost, found in contempt of court and
sentenced to jail, is in bankruptcy, and I'm personally suing him for
defamation and invasion of privacy in California Superior Court where
another restraining order has been issued against him.
Rather than copy and pasting the details again and again, just Google:
Brent Hanson
http://tinyurl.com/yrjayg
Dean Andrew Kantis
http://tinyurl.com/2zf3qa
Or visit my personal website:
Brent Hanson
http://www.GlennHagele.com/BrentHanson/
Dean Kantis
http://www.GlennHagele.com/DeanAndrewKantis/
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Assurance (http://www.USAEyes.org). The use of usaeyes.INFO,
usaeyes.BIZ, usaeyes.NET, usaeyes.US, and other use of USAEyes by
Brent Hanson is not approved by Council for Refractive Surgery Quality
Assurance. Arbitration under the authority of the Internet Corporation
of Assigned Names and Numbers (ICANN) found Brent Hanson's use of the
USAEyes trademark inappropriate and ordered the domains usaeyes.INFO,
usaeyes.BIZ, usaeyes.NET transferred to the Council for Refractive
Surgery Quality Assurance.
For those who would like to form their own opinion about the work I do
and the organization I founded, visit our website and/or our Lasik
Patient Forum listed below my signature.
Glenn Hagele
Executive Director
USAEyes (R)
Patient Advocacy Surgeon Certification
"Consider and Choose With Confidence" (TM)
Email to glenn dot hagele at usaeyes dot org
Lasik Bulletin Board
http://www.USAEyes.org/Ask-Lasik-Expert/
I am not a doctor.
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