. .

Invest in your success.
JVRA helps lawyers win cases by providing critical information you can use to establish precedent, determine demand and win arguments.


$________ CONFIDENTIAL Medical Malpractice – Otolaryngology – Injury to eye during functional endoscopic sinus surgery – Exotropia of right eye – Double vision.

Withheld County, MA

In this medical malpractice matter, the plaintiff patient alleged that the defendant ENT was negligent in injuring the plaintiff’s eye during surgery to repair a deviated septum and removal nasal polyps. As a result of the defendant’s negligence, the plaintiff suffered an eye injury that has resulted in permanent double vision. The defendant denied negligence and maintained that the injury was a known risk of the procedure to which the plaintiff gave informed consent.

The 53-year-old male plaintiff presented to the defendant ENT physician with complaints of difficulty breathing and snoring while sleeping. Examination disclosed that the plaintiff was suffering from nasal polyps, as well as a deviated septum. After conservative treatment failed to work, it was recommended that the plaintiff undergo surgery to relieve his symptoms.

The defendant performed functional endoscopic sinus surgery on the plaintiff in April ________, and during that procedure the defendant entered the plaintiff’s right orbit while attempting to enter the maxillary sinus. The doctor immediately realized what had happened and stopped the procedure. Following the surgery, it was determined that the plaintiff had suffered a subconjunctival hemorrhage, ecchymosis of the right eye under the lid and limited ocular mobility. Outward turning of the eye was also noted. Swelling was noted in the right medial rectus muscle.

The plaintiff was diagnosed with exotropia of the right eye, no motility and double vision. Despite several surgical procedures, the double vision has persisted. The plaintiff must wear an eye patch to function. The plaintiff brought suit against the defendant ENT alleging negligence in the sinus surgery and deviation from acceptable standards of care in the defendant’s treatment of the plaintiff. The defendant denied the allegations. The defendant maintained that there was no deviation from acceptable standards of care and stated that the injury suffered by the plaintiff was a known risk of the procedure, to which the plaintiff had given informed consent.The parties agreed to a confidential settlement of the plaintiff’s claim for the sum of $________ prior to the trial in this matter.

To read the full article, please login to your account or purchase

5 ways to win with JVRA

JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:

  1. Determine if a case is winnable and recovery amounts.
  2. Determine reasonable demand for a case early on.
  3. Support a settlement demand by establishing precedent.
  4. Research trial strategies, tactics and arguments.
  5. Defeat or support post-trial motions through past case histories.

Try JVRA for a day or a month, or sign up for our deluxe Litigation Support Plan and put the intelligence of JVRA to work for all of your clients. See our subscription plans.