2. Mr. David Johnson went to Eye Right Clinic on August 5, 2003 to enquire about the possibility of undergoing Lasik Eye Surgery to correct his nearsightedness. He was attended to by DI. He underwent to treatment to his right eye but was told that the operation was only partially unsuccessful. On August 12, he returned once more, but was again told that the operation was only partially successful. On August 19, he returned for treatment on his left eye, and this yielded completely satisfactory results. Additional treatment on his left eye was conducted on September 29. This operation was done both by DI and DB. It was during this visit that complications arose. Mr. David Johnson was informed that there was a problem as his cornea has been penetrated. In a subsequent examination by DI, he was told that his corneal flap had been damaged and that a corneal graft was probably necessary. He was referred to Dr. Singh (GS) at the Grafton Hospital in Oxford.
3. Mr. David Johnson has had several operations and procedures to correct the damage to the cornea, beginning with the stitching the damaged corneal flap on September 30, 2003 and culminating in a corneal graft on September 24, 2004. The sight on the right eye is still problematic. He is on the NHS waiting list to have a contact lens implant. After the operation at Eye Right, he experienced pain due to "dry" eye, reduced and disturbed sight and very poor night vision. Until the corneal graft, he could not drive. His vision was unbalanced as his left eye was normal. He became solely dependent on his family. He became prone to headaches and fatigue and was unable to work for 6 months, although he received sick leave pay. He has since returned to his job as librarian, earning 32,575 p.a. (net). He still requires constant application of eye lubricant to counteract the dry eye syndrome, I.e., one NHS prescription per month. He must wear special glasses costing 195.00 and dark glasses in the sun costing 105.00.
4. According to GS, an expert in the field of ophthalmology, during the September 29 operation, the laser perforated the cornea such that there was egress of fluid through the small hole in the central part of the cornea and it was impossible for the flap to be repositioned. The LASIK flap was found by him to be oedematous and floating free with a low intraocular pressure and a visual acuity of counting fingers. Further, GS said that after Mr. Thompson had resuturing of the LASIK flap, and this had a chance to settle down, it was found that the cornea was extremely thin and ectatic, bulging forwards and with a huge degree of astigmatism. The only way to correct this was to replace the cornea with a penetrating keratoplasty which was done on September 24, 2004. The corneal sutures were then removed on December 12, 2005 and he is due to be reviewed again in the future.
5. GS found that there were two possible reasons for the laser penetrating the cornea. The first is that the bed of the cornea was so thin (and had been made thinner by the initial treatment) that the very small amount of additional treatment to what was already a very thin cornea caused the perforation. The second