Mr. Frey, a contact lens wearer, was having problems with his contact lenses and went to see Dr. Sybil, and she took a history and prescribed eye drops. Unfortunately, the eye drops did not cure the problem, and Mr. Frey returned to see Dr. Sybil a few months later at which time Mr. Frey inquired about Lasik Eye Surgery. Dr. Sybil told him that since he was in his sixties, he would probably need cataract surgery, and suggested he just do that, because that could also cure his eye irritation.
Mr. Frey asked whether or not he had cataracts, and Dr. Sybil told him that he would eventually have them, and surgery could be done earlier. He told Dr. Sybil that he could not afford cataract lens implants that she was suggesting, and she reduced the price. Mr. Frey underwent the cataract surgery.
Unfortunately, Dr. Sybil operated and caused an injury to Mr. Frey’s iris, causing a floppy iris, which has left Mr. Frey with double vision, blurry vision and inability to drive at night.
Mr. Frey went to a specialist, who unfortunately told him that there was nothing more to be done and that he would have to live the rest of his life with blurry vision in the one eye.
A lawsuit was filed in Allegheny County, alleging that Dr. Sybil improperly recommended cataract surgery to a patient who did not need cataract surgery. In addition, it was alleged that Dr. Sybil failed to advise Mr. Frey about the possible complications and risks in cataract surgery when it was not medically indicated.
The attorneys for Dr. Sybil argued that Mr. Frey needed cataract surgery, and that a floppy iris was a risk of the procedure. The case proceeded through discovery and the case was settled before trial for a confidential sum.