Professional Negligence Law Reporter

Yvonne Whitt went to Colorado Retina Associates, complaining of blurred vision and floaters in her left eye. A physician performed a vitrectomy, after which Whitt was noted to have low intraocular pressure in the eye. She was advised to call if she experienced eye pain or vision loss, and she called the practice later that day. An employee of the practice told Whitt that he would consult the on-call physician regarding her pain and vision loss.

During a second call with one of the practice’s employees, Whitt was told that she had an infection of the tissue or fluid within the eye. During a third call, however, Whitt was told that she was experiencing a hemorrhage, not an infection, and that she should come in the next day for an emergency visit. During this visit, Whitt told the treating physician that she had experienced loss of central vision and extreme nausea, as well as severe eye pain and pressure. Her intraocular pressure was read as between 54 and 62. She was diagnosed as having endophthalmitis and injected with antibiotics.

Whitt’s condition deteriorated despite additional follow-up visits. She now suffers from chronic eye pain and irreversible vision loss in her left eye.

Whitt filed suit against Colorado Retina Associates, alleging it failed to train its on-call employees to recognize patient conditions that required emergency evaluation, timely alert a physician to Whitt’s symptoms, appropriately manage her condition, and provide proper postoperative care.

After the jury found for the plaintiff, the court entered judgment for more than $902,100.

Citation: Whitt v. Johnson, No. 2022CV33294 (Colo. Dist. Ct. Denver Cnty. June 12, 2024).

Plaintiff counsel: AAJ member Jim Leventhal, Denver.