In a closely watched medical malpractice case, the District Court for Jefferson County awarded $8.03 million against LASIK provider LASIKPlus in April, raising questions about corporate oversight in elective medicine and the limits of Colorado’s damages cap.
The case, Nicholas Lara v. Gary Bircham, O.D., and LCA-Vision, Inc. d/b/a LASIKPlus, involves a 24-year-old commercial pilot whose career ended after developing post-LASIK ectasia, an incurable corneal condition. Federal aviation standards require pilots to maintain strict vision thresholds. At trial, jurors found LASIKPlus failed to implement adequate preoperative screening policies and training, allowing a patient with contraindications to proceed. Evidence also showed diagnostic warning flags on an ophthalmic device were altered or overridden.
The verdict included $7.2 million in future economic losses tied to lost earning capacity. In a post-trial ruling, the court allowed recovery beyond Colorado’s $1 million economic damages cap under the Health Care Availability Act.
Law Week Colorado spoke with plaintiff’s counsel Todd Krouner, of the Law Office of Todd J. Krouner, about the litigation strategy, evidentiary challenges and implications of the ruling:…