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Article from the New York Law Journal:

VERDICT: $2.5 million

Frances Kavanagh v. Eric Donnenfield, MD., 30138/96

Nassau Supreme

JUSTICE: Thomas P. Phelan

ATTORNEYS: David M. SHearer of Shearer & Essner, L.L. P., Manhattan, for plaintiff;

Angela Fabiano of the Law Offices of Mitchell J. Angel PLLC, Mineola, for Dr. Eric Donnenfeld.

FACTS: On April 12, 1995, Frances Kavanagh, a 68-year-old retired nurse, underwent a cataract extraction by Dr. Eric Donnenfeld at the Mercy Medical Center in Rockville Centre. Ms. Kavanagh claimed that during the administration of anesthesia the doctor injured her left eye. She also claimed that the doctor failed to timely diagnose the injury despite the presence of a vitreous hemorrhage post-operatively.

Ms. Kavanagh further claimed that Dr. Donnenfeld failed to properly treat the post-operative bleeding, resulting in the formation of a macular hole.

Dr. Donnenfeld contended that the post-operative bleeding and the formation of the macular hole were caused by vitreous traction, which was caused by a vitreous wick that resulted from the disruption to the zonules during the cataract extraction. The doctor further claimed that the vitreous traction caused a retinal tear, causing bleeding and the macular hole.

Ms. Kavanagh claimed that she now suffers permanent "finder count" vision in her left eye, and that she is virtually blind in that eye.

DISBURSEMENT: $2.5 million. Breakdown: $1.5 million for past pain and suffering; $1 million for future pain and suffering.

 

 

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