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Posted: Tuesday, 08 July 2008 6:46PM

Man Gets $2.1M Settlement after Eye Surgery



BEDMINSTER, N.J. (AP)  -- A man who says laser eye surgery left his vision far worse off than before will get a total of $2.1 million to settle a lawsuit against the prominent surgeon who did the procedure.

James Dell'Ermo of Bedminster had the surgery in 2000 to get rid of eye glasses and contact lenses he needed due to nearsightedness.

He had the surgery in the Bergenfield office of Joseph Dello Russo, an eye surgeon who widely advertises on TV and radio.

Dell'Ermo lawyer David Mazie says his client is now legally blind, that his client's eyes were damaged by the procedure and cannot be fully corrected. Dello Russo disputes the legally blind claim and contends the man has functional vision with contact lenses.

Dello Russo's attorney, John Tomaszewski, says the settlement is not an admission of wrongdoing and that the payout was made to avoid the uncertainty of a long trial.

Of the $2.1 million, $1.7 million was paid by Dello Russo's medical malpractice insurance. Mazie says another $400,000 was paid from the doctor's personal insurance.

Dello Russo says he has done tens of thousands of laser procedures without a hitch.


TM & Copyright 2008 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO & EYE Logo TM & Copyright 2008 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. TheAssociated Press contributed to this report.
 
 
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