Wymes v. Jay Lustbader, M.D.
Checkiem Wymes sued Dr. Jay Lustbader and LCA-Vision, Inc., doing business as LASIKPlus, for LASIK surgery performed in 2003. The complaint alleged that Mr. Wymes was diagnosed with post-LASIK ectasia in 2009, and never should have had LASIK surgery.
In response, Dr. Lustbader and LASIKPlus moved to dismiss the complaint as untimely and barred by the Maryland statute of limitations for medical malpractice.
By Memorandum Opinion dated January 7, 2011, the federal court rejected defendants’ arguments. The court held that although the surgery was performed in 2003, the injury was alleged to have been discovered in 2008, when the patient’s vision first turned blurry.
Consequently, the complaint was timely commenced within three years of discovery under Maryland law.
The decision is important for victims of LASIK malpractice in recognizing the long fuse on the time bomb of post-LASIK ectasia.
For a copy of the court’s decision, click here.
The plaintiffs are represented by Todd J. Krouner, from Chappaqua, New York, and George S, Tolley, III, of Dugan, Babij and Tolley, LLC, from Timonium, Maryland. Mr. Krouner represents victims of LASIK surgery throughout the United States. Mr. Tolley has extensive experience in litigating medical malpractice actions.
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