Canada Lasik Class Action Alleges Ongoing Nerve Damage

UPDATE:

• In November 2020, a Quebec court dismissed the Lasik MD class action lawsuit, ruling that the claims were not brought in time.

A Canadian class action lawsuit claims that Lasik MD did not warn patients of the risk of permanent nerve damage associated with the popular laser eye surgery.

The Canada Lasik MD class action lawsuit was filed by Christopher Ouellet against Lasik MD and Dr. Mounir Bashour, his ophthalmologist.

Ouellet allegedly had Lasik eye surgery on Jan. 26, 2015, after which point he experienced severe pain and inflammation in both his eyes.

He claims to have developed corneal neuralgia, eye pain, because of his surgery. Ouellet says that he was not warned of this risk before the surgery.

The Canada Lasik MD class action lawsuit claims that Ouellet had a consultation on June 13, 2014 for Lasik surgery. He says that he was interested in the surgery because he did not like wearing glasses.

Allegedly, during this consultation he was told that he has large pupils so after the surgery, it was probable that he would develop halos and starbursts in his vision, especially at night.

The Lasik class action states that the plaintiff was also told he would have dry eyes for around three to six months. Ouellet says that he signed a consent form and was provided with a “Lasik Information Booklet.” Allegedly, he accepted the risks, communicated to him, and agreed to pay $3,550 for the surgery.

The Lasik eye nerve damage class action lawsuit says that the surgery went as planned and had normal results initially.

However, Ouellet reportedly made an appointment with Lasik MD on Dec. 7, 2015, because he had developed severe pain and inflammation in both of his eyes. 

He says that he could not look at his computer screen or monitors, and felt a constant, burning feeling in his eyes. Ouellet claims that after that appointment, he was given an incorrect diagnosis of blepharitis, an inflammation of the eyelids. Allegedly, he was told that he should have better hygiene of his eyelids.

The laser eye corrective surgery pain class action lawsuit says that he made another appointment with Lasik MD on Jan. 21, 2016, because he was continuing to experience excruciating pain in both eyes. Allegedly, the pain was so severe that he had trouble keeping his eyes open. Ouellet reportedly was treated for dry eye, and was later given an anti-inflammatory drug. 

He allegedly sought treatment several times and found no relief. Ouellet says he contemplated suicide several times because of the pain and his parents institutionalized him for his own safety.

The plaintiff states that he conducted independent research into his symptoms and found a Facebook group about laser eye complications. Allegedly, he discovered on his own that he may have corneal neuralgia, and not dry eye. He says that he brought this information to his physician who said that he should continue his treatment for dry eye. 

The surgeon who conducted Ouellet’s eye surgery, Dr. Bashour, finally agreed to meet with him on Nov. 2, 2016, at which point Dr. Bashour gives Ouellet the correct diagnosis of corneal neuralgia. However, there is reportedly no treatment for the condition.

Dr. Bashour allegedly offered Ouellet a refund of his surgery costs if he gives a release and does not talk about his condition on social media. Ouellet says he refused this offer.

The Lasik nerve damage class action lawsuit says that the surgeon admitted to Ouellet that around four or five other patients had the same condition, and one patient who had the condition did kill himself because of the pain. 

Ouellet aims to represent a Class of all Canadians who had Lasik eye surgery through Lasik MD, and a subclass of people who suffered from corneal neuralgia after receiving laser vision correction surgery at Lasik MD.

The plaintiff notes that Lasik MD self-describes as “Canada’s only national provider of laser visions correction, delivering high-quality LASIK at affordable prices.” Allegedly, this is false, and Lasik MD and the surgeon misrepresented the safety of the procedure.

Since it was filed, the proposed Lasik MD class action lawsuit has been tossed by the Superior Court of the Province of Quebec. In a November 2020 ruling, the court found that the plaintiff had failed to allege his claims in time. The claims, noted the court’s order, were subject to a three-year statute of limitations, or deadline. Ouellet claimed that he began experiencing pain in 2015, after his Lasik surgery, but did not file the class action lawsuit within three years, pointed out the Superior Court.

In addition, the court found that a class action lawsuit was not the appropriate legal avenue for Ouellet’s claims of severe side effects after Lasik surgery. The order pointed to the plaintiff’s lawyer’s website. Reportedly, more than 1,000 people had signed up for the lawsuit, but only 10 experienced the same complications as the lead plaintiff, Ouellet.

“The issue of the number of potential class members whose claim is within applicable time limits is also an element that might affect whether there is a viable group. Save for exceptional situations, a group cannot be open-ended,” noted the order dismissing the class action lawsuit.

In response to the dismissal, Lasik MD issued the following statement to CTV News:

“Our stringent approach and established processes ensure that each patient is fully educated on the potential risks, benefits and possible side effects prior to any procedure, including the very rare risk of chronic pain, a condition not exclusive to eye surgery. While the risks associated with LASIK are extremely low, it is nonetheless very unfortunate when a rare complication occurs.”

Have you gotten laser eye surgery and had unexpected complications? Share your story with us.

Ouellet is represented by Joey Zukran of LPC Avocat Inc.

The Canada Lasik MD Class Action Lawsuit is Christopher Ouellet v. Lasik MD Inc., et al., Case No. 500-06-001028-196, in the Superior Court of the Province of Quebec, District of Montreal, Canada.

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