Nicholas Lara, 27, filed a lawsuit last year in Jefferson County District Court against LCA-Vision, Inc., doing business as LASIKPlus, alleging that a procedure left him with a permanent eye condition known as post-LASIK ectasia, progressive thinning of the cornea, in both eyes.
He said the condition severely affected his quality of life and threatened his ability to continue his career as a commercial pilot.
The initial complaint states that on June 5, 2023, Lara, who was 24 years old at the time, visited the LASIK office for a consultation. Lara was told he would be flying with “more than perfect vision” and was deemed an “ideal” candidate.
However, he was not. Lara’s pre-operative test results were abnormal, and revealed clear signs of keratoconus, making LASIK unsuitable. Lara was not told about the complication, and he received LASIK surgery just three days later, the complaint stated.
The Thursday order comes after a seven-day trial in February during which the jury found LASIKPlus negligent and responsible for 75% of Lara’s injuries, awarding substantial damages for lost future earnings and other harms.
In a separate but related order issued the same day, the court granted Lara’s motion to exceed the $1 million statutory cap on damages under Colorado’s Health Care Availability Act, finding that applying the cap would be unfair under the circumstances.
The court said Lara established both “good cause” and “unfairness,” permitting the jury’s economic damages award, driven largely by lost future earnings, to stand. The court emphasized several key factors, including Lara’s young age, the permanent nature of his eye injury, and the substantial and well-supported evidence of his lost earning capacity as a pilot.
In entering final judgment, the court calculated damages against LASIKPlus at $5,797,500.
$5,572,500 consisted in economic damages and $225,000.00 in noneconomic damages after application of the statutory cap and apportionment of fault.
The court also awarded more than $1.5 million in prejudgment interest, resulting in a total judgment of over $7.3 million, plus postjudgment interest and costs as provided by law.
Lara was represented by Todd J. Krouner, of the , a New York-based firm, alongside Alana M. Anzalone, of Anzalone Law in Arvada, and Jennifer Simpson of Buckley Simpson Law in Lakewood.
“This case was about safety and responsibility in elective medicine,” Krouner said.
“When a 24-year-old pilot undergoes elective eye surgery, the pre-operative screening process must function flawlessly. Here, the jury recognized that LASIKPlus’ high volume business model placed patient profit above patient safety.”
This is a developing story and may be updated.
