California’s 2nd Appellate District court declined to order a retrial and affirmed the defense verdict for Thousand Oaks (Calif.) Surgery Center and spine surgeon Kapil Moza, MD, USA Herald reported Jan. 10.
What happened?
- The injury occurred in 2017, when ChloraPrep, an antiseptic skin-prep solution, allegedly entered a patient’s left eye during spinal surgery. The patient lost most vision in that eye, despite undergoing about 10 surgeries.
- Dr. Moza’s defense argued that eye monitoring and protection during surgery fell under the anesthesiologist’s responsibilities. The court also rejected the plaintiff’s argument that the ASC should be liable for the anesthesiologist’s actions, citing insufficient evidence the center controlled how anesthesia was administered or monitored.
- The plaintiff also argued the jury was improperly influenced after learning the patient had received $500,000 related to the case. The payment came from a settlement with anesthesiologist Bradley Spiegel, MD, a former co-defendant who was later dismissed after settling.
- The panel said the plaintiff “opened the door” to the evidence by testifying she was in severe financial distress, making the $500,000 relevant impeachment evidence on credibility, according to the report. The trial judge allowed it through a jury instruction.
- The court emphasized that procedural missteps by the plaintiff’s legal team, particularly failing to preserve issues at trial, undermined the appeal.
- During closing arguments, Dr. Moza’s attorney suggested the $500,000 was connected to Spiegel’s exit from the case and invited jurors to draw their own conclusions. The plaintiff’s attorneys did not object, and the appellate court said that failure forfeited any misconduct claim.
Becker’s has reached out to TOSC and will update the article if more information becomes available.
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