Skip to main content
. 2017 Sep 30;4(3):135–140. doi: 10.1159/000479559

Table 1.

Ocular oncology cases by year, state, method of resolution, and monetary award

Case Year State Court Means of resolution Verdict Award or indemnity, USD Award adjustment to 2015 USD Intervention or legal allegation Diagnosis and summary
1 1971 MT State supreme Appellate ruling Defendant Non-interventional Iris/ciliary body melanoma. Plaintiff alleged that enucleation resulted from failure to promptly diagnose iris/ciliary body melanoma in spite of iris color change

2 1984 NY State district Settlement Plaintiff 550,000.00 1,261,538.02 Non-interventional Sebaceous cell carcinoma. Plaintiff alleged that enucleation and metastatic spread of sebaceous carcinoma to the head and neck could have been avoided if patient had been urged to undergo biopsy for recurrent chalazion

3 1987 FL State district Jury verdict Plaintiff 400,000.00 839,140.85 Non-interventional Orbital tumor. Plaintiff alleged failure to diagnose orbital tumor during lifetime follow-up for patient with “eye cancer” as a child

4 1987 PA State district Post-trial relief Defendant Non-interventional Retinoblastoma. Plaintiffs alleged failure to diagnose retinoblastoma resulting in enucleation

5 1989 FL State district Jury verdict Plaintiff 100,000.00 192,190.32 Non-interventional Intracranial tumor. Patient alleged blindness following misdiagnosis of intracranial tumor as glaucoma for 2 years resulting in loss of vision in one eye and possible recurrence after removal

6 1989 NY State district Settlement Plaintiff 425,000.00 816,808.87 Non-interventional Sebaceous cell carcinoma. Plaintiff alleged that failure to diagnose sebaceous cell carcinoma for 6 years resulted in enucleation

7 1990 CA State district Settlement Plaintiff 224,000.00 408,437.52 Non-interventional Choroidal melanoma. Plaintiff alleged failure to diagnose choroidal melanoma, promptly resulting in metastatic spread to plaintiff's liver

8 1991 PA State district Jury verdict Defendant Non-interventional Parotid gland malignancy. Plaintiff alleged that failure to diagnose malignant parotid gland tumor caused decreased quality and length of life

9 1992 DC State appeals Appellate ruling Plaintiff Non-interventional Lacrimal gland adenocarcinoma. Plaintiff alleged loss of vision due to failure to diagnose lacrimal gland adenocarcinoma

10 1992 MA State district Jury verdict Defendant Surgical/procedural Basal cell carcinoma. Plaintiff alleged that failure to diagnose basal cell carcinoma in the lateral canthus required surgery that resulted in blindness

11 1994 NY State district Jury verdict Defendant Surgical/procedural Orbital tumor. Plaintiff alleged that removal of excessive tissue during orbital tumor removal resulted in loss of vision

12 2005 NY State district Jury verdict Defendant Non-interventional Choroidal melanoma. Plaintiff alleged that failure to perform dilated exam resulted in death secondary to failure to diagnose ocular melanoma

13 2005 AL State district Jury verdict Defendant Non-interventional Choroidal melanoma. Plaintiff alleged that failure to diagnose choroidal melanoma resulted in enucleation

14 2005 MI State district Jury verdict Defendant Surgical/procedural Optic nerve astrocytosis. Plaintiff alleged that misdiagnosis of optic nerve astrocytosis as an optic nerve glioma resulted in removal of optic nerve and blindness

15 2006 MI State district Jury verdict Plaintiff 425,000.00 502,402.28 Non-interventional Retinoblastoma. Plaintiff alleged that failure to diagnose retinoblastoma resulted in enucleation

16 2013 MA State district Jury verdict Defendant Non-interventional Choroidal melanoma. Plaintiff alleged that misdiagnosis of choroidal melanoma as benign nevus resulted in death secondary to metastatic spread of melanoma