• Delaware Supreme Court
  • D66318
  • May 28 2014 (Date Decided)
The Delaware Supreme Court reversed and remanded the superior court's judgments after a jury found in favor of defendants Dr. Frank R. Owczarek, Eye Care of Delaware LLC and Cataract and Laser Center LLC in Thomas Baird's medical negligence action, holding that the superior court reversibly erred in failing to conduct any investigation into alleged egregious juror misconduct and in failing to exclude evidence of informed consent. Dr. Owczarek performed a LASIK procedure on both of Baird's eyes on Jan. 27, 2004. On Oct. 14, 2009, Baird underwent a second LASIK surgery on his left eye. Baird alleged that as a result of the surgeries, he developed post-LASIK ectasia, a vision-threatening corneal disease that required a DALK procedure. On Sept. 30, 2011, Baird filed a medical negligence action alleging that Dr. Owczarek was negligent in his decision to perform the surgeries.

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