Greedy Trial Lawyer
An Eye Surgeon Who Lost His Way And His Case
Category: The Latest Baddest
This will be a test to see if former eye surgeon Bradley Schwartz of Arizona was wise to settle this medical malpractice case instead of taking his defense to a jury? Hint - there is a reason he is former eye surgeon Bradley Schwartz.
The facts are provided by this story in the Arizona Daily Star.
A malpractice case scheduled to go to trial next week against former eye surgeon Bradley Schwartz has been settled. Attorney Greg Wasley, who represents Eduardo and Delia Valenzuela, said the lawsuit was settled Wednesday, but the terms are confidential. The Valenzuelas sued Schwartz in January 2004 on behalf of their son, who was born in October 1994 with congenital cataracts.The couple alleged that when Schwartz performed an intraocular lens implant in November 2000, he didn't tell them he was addicted to prescription drugs. They also said Schwartz failed to notice the retina in the boy's right eye detached six months later and believe Schwartz's drug problems were a contributing factor. Wasley said that by the time Dr. David Brian Stidham [Remember this name.] diagnosed the detached retina in February 2003, it was too late to repair it and the boy lost sight in that eye.
Schwartz's attorney, Tom Slutes, said Schwartz last examined the boy in June 2002 and the retina was not detached. He also said Schwartz had stopped using drugs six months before that, which drug-analysis tests would have confirmed at trial.Both attorneys said the decision to settle was made because one can never tell what a jury will do. [I can tell what any jury would have done in this case. Read on.]
In addition, Slutes said there was some concern Schwartz might not have been able to find impartial jurors in Pima County. [Impartial jurors would not have helped Schwartz. Read on.]
Schwartz was convicted in May of conspiracy to commit first-degree murder in the October 2004 slaying of Stidham. His medical license was revoked and he is serving a life sentence with parole possible after 25 years. [Do you think even impartial jurors may have thought Schwartz was a really bad actor?]The man prosecutors believe was hired by Schwartz to actually carry out the slaying, Ronald Bruce Bigger, is to go to trial in January.
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