VA Malpractice Lawsuit Results in $749,000 Verdict Over Surgical Mistake

The estate of a World War II veteran was awarded $749,000 in a medical malpractice lawsuit filed over a botched surgery at a Veterans Affairs facility in Jackson, Mississippi.

The VA surgery malpractice lawsuit was filed on behalf of Charles West, who suffered eye damage during a surgery to remove skin from between his eyebrow and eyelid. The complaint also alleged that West and his family were lied to and told that the damage was due to an allergic reaction, as opposed to a medical mistake.

As a result of a solution used by a nurse during surgery prep, West’s corneas were burned, causing severe vision loss and pain, and forcing him to become care dependent.

U.S. District Judge Tom Lee awarded $249,000 in economic damages and $500,000 for non-economic damages, which is the maximum amount permitted under the Mississippi statutory cap on non-economic damages. Judge Lee indicated that he was would have been inclined to award more damages if it were permitted.

According to the Hattiesburg American, West died on May 8 at age 91. His death occurred after the conclusion of the trial, but before the verdict was returned on July 20.