In 2004, plaintiff’s decedent Martha Cardon, 72, underwent cataract surgery performed by Dr. Donald Ham. She sustained brain damage then went into a coma before being taken off life support.
Cardon’s estate sued Ham, claiming that Plaintiff’s counsel argued that his care both before surgery and during surgery contained numerous deficiencies. Plaintiff’s counsel relied on the expert testimony of a prominent New Mexico eye surgeon. Ham did not pre-screen Cardon to diagnose her blood pressure or heart issues. Ordinarily a primary care physician would screen a patient prior to elective surgery. Plaintiff’s counsel also argued that Ham didn’t know what medications Cardon was taking.
Plaintiff’s counsel argued that the surgical technique used by Ham was below the standard of care. Ham applied only a topical anesthetic to perform the surgery. Ham also was not practiced in the methods of resuscitation, and his only previous experience with resuscitation was 30 years ago.
The defense’s eye care expert testified that the methods Ham used to perform surgery were generally accepted methods of alternate care.
Defense counsel also pointed to Ham’s successful practice, in which he sometimes treats 81 patients a week. Ham also has performed 14,000 cataract surgeries in 31 years of practice.
Cardon suffered brain damage after the surgery. She was in a coma for 10 days before being taken off life support. Cardon worked caring for two elderly women. She also cared for her son who is a disabled Vietnam veteran. Plaintiff’s counsel argued that 72 is not “old” and that Cardon still had plenty of life to enjoy. John McCain is running for President at 72, noted plaintiff’s counsel.
Plaintiff’s counsel also sought punitive damages arguing that Ham’s conduct was reckless.
The jury found that Ham was negligent and awarded the plaintiff $6,095,000 in damages. $6 million were punitive and $95,000 were compensatory damages.
Estate of Martha Cardon
$95,000 Personal Injury: compensatory damages
$6,000,000 Personal Injury: punitive damages
Both parties have filed post-trial motions. Plaintiff’s counsel is seeking to enforce the award. Defense counsel is seeking a reduction of punitive damages.