Kentucky Jury Returned a Defense Verdict After Finding No Breach in the Standard of Care in Ophthalmology

Smith v. Shirkey

Case Background

Gail Smith filed a medical malpractice lawsuit against an ophthalmologist, Dr. Belinda Shirkey. The lawsuit alleged negligence and breach of standard of care as the doctor missed signs of retinal detachment after a cataract surgery leading to vision loss in one eye. The case was filed in the Kentucky Circuit Court, Fayette County. Judge Kimberly Bunnell presided over this case. [Case number: 22-1381]

Cause

In May 2021, Gail Smith underwent cataract surgery on both her eyes. Dr. Michael Tanner, an ophthalmologist, performed the second surgery on May 17. Two weeks later, on June 4, Smith returned for a post-surgery follow-up with Tanner. During the visit, Dr. Tanner expressed concern about a possible retinal detachment due to a blurry spot in her right eye.

To address his concerns, Tanner referred Smith to Dr. Belinda Shirkey, a retinal specialist, for further evaluation. Shirkey conducted several tests and examinations. She shared her concerns about the risk of retinal detachment. After her assessments, Shirkey determined that there was no detachment. She found no holes, tears, or breaks in Smith’s eye. Instead, she explained the blurry spot was a result of a steroid injection used during the previous surgery.

Over the following weeks, Smith continued to experience vision problems in her right eye. On June 23, 2021, she sought treatment from another ophthalmologist, Dr. John Kitchens. During this visit, Kitchens quickly diagnosed Smith with a retinal detachment. Unfortunately, this condition resulted in permanent vision loss in her right eye.

Injury

Allegedly, as a result of the ophthalmologist’s negligence and misdiagnosis, Smith suffered a retinal detachment and is now blind in one eye.

Damages

If Smith won the case, she sought compensation for past and future pain and suffering.

Key Arguments and Proceedings

Legal Representation

• Plaintiff(s): Gail Smith
  • Counsel for Plaintiff(s): Stephen M. O’Brien, III | D. Seth Coomer
  • Experts for Plaintiff(s): Dr. Henry O’Halloran

• Defendant(s):  Dr. Michael Tanner
  • Counsel for Defendant(s): Jonathan D. Weber | Ellen L. Black
  • Experts for Defendant(s): Dr. Charles Bass

Claims

In this lawsuit, Smith alleged that Shirkey violated the standard of care during her June 4, 2021, visit. She claimed that Shirkey failed to identify and treat a perforation in her eye. This oversight led to fluid build-up, which caused retinal elevation and ultimately resulted in a retinal detachment.

Smith pointed out that Shirkey should have made the diagnosis. She had several significant risk factors for an impending detachment. First, she was over 50 years old. Second, she had a family history of retinal detachment. Third, she had a previous history of cataract surgery. Smith believed these factors indicated a greater likelihood of complications.

She argued that Shirkey’s failure to act appropriately resulted in serious consequences for her vision.

Defense

Expert Testimony

The Plaintiff’s expert, Dr. Henry O’Halloran, an ophthalmologist from San Diego, California, stated that prompt intervention on June 4, 2021, could have prevented permanent vision loss. He noted that at that time, there was only a tear or perforation, not a full retinal detachment. O’Halloran also mentioned that the detachment likely occurred just days after Smith’s visit with Shirkey.

In contrast, Shirkey’s expert, Dr. Charles Bass, an ophthalmologist from Louisville, discussed the standard of care. He addressed causation and explained that the risk of retinal detachment can persist for years after cataract surgery. Bass emphasized that detachment could occur suddenly and without warning signs.

In this case, Bass believed that the retinal detachment likely happened the day before Smith returned for treatment with Dr. Kitchens.

Jury Verdict

Court Documents:

Available upon request