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$3,280,000 Verdict in eye surgery case

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Case: Sarah Pogarsky v. Grak Solcha, M.D. and Frank Solcha, M.D., P.C.

Judge: Sheila Abdus-Salaam

PLAINTIFFS ATTORNEYS: Gary Silverstein; Rosenberg, Minc, Falkoff and Wolff; Manhattan New York, for Sarah Pogarsky


Dr. Vivien Boniuk; Opthalmology


James B. Rosenblum; Rosenblum & Tannenbaum; White Plaines, New York, for Frank Solcha, M.D., PC.

Expert: Dr. Wing Chu: Opthamology
Dr. Thomas Poole; Opthamology

Insurer: MLM


on January 6, 1993, plaintiff a 61 year-old retired schoolteacher, underwent cataract surgery performed by defendant at Manhattan Eye, Ear and Throat Hospital. Plaintiffs claim that defendant failed to properly manage an intra operative complication, Choroidal Hemorrhage, during the procedure. She claim that the doctor did not identify the bleed and should have discontinued the surgery. She further claim that during the postoperative care, rendered from January 6, 1993 to January 15, 1993 in defendant’s Manhattan office, defendant never did a postoperative sonogram of the eye to identify the Choroidal Hemorrhage, and he failed to refer her to a retina specialist, prior to January 15, 1993. Plaintiff underwent four subsequent surgeries to treat the Choroidal Hemorrhage and the detached retina that was a result of the hemorrhage. The surgeries were unsuccessful, due to plaintiff developing Proliferative Vitreal Retinopathy. Plaintiff currently has light perception in her left eye. Plaintiff’s expert testified that had the hemorrhage been diagnosed and treated promptly there would’ve been an 80% to 90% chance of retaining vision in the eye. Defendant contended that a Choroidal Hemorrhage is a known complication of the surgery and the course of treatment.