On Sept. 24, 2013, plaintiff Diana Andrich, 54, a dispatcher for a transportation company, underwent surgery that required general anesthesia at St. Jude Medical Center, in Fullerton. Dr. John MacCarthy was the anesthesiologist for that surgery. Andrich claimed that she sustained because MacCarthy failed to protect her eyes during the surgery. Andrich sued MacCarthy and St. Jude Medical Center, alleging that the defendants’ actions constituted medical malpractice. St. Jude Medical Center was ultimately dismissed from the case, and the matter continued against MacCarthy only. Andrich contended that MacCarthy failed to tape her eyes in preparation for surgery. She contended that as a result of MacCarthy’s failure to protect her eyes during surgery, her eyes were allowed to remain open for an extended period of time. Thus, Andrich claimed that the care and medical treatment rendered to her by MacCarthy was negligent and/or below the standard of care. Defense counsel contended that MacCarthy did tape Andrich’s eyes and that they were appropriately protected by MacCarthy prior to the surgery. Counsel acknowledged that Andrich had dry eyes in the post-anesthesia care unit after surgery, but argued that the condition was a known and accepted risk of anesthesia. Thus, defense counsel contended that Andrich’s alleged were not due to any negligence on the part of MacCarthy or any other healthcare provider., Andrich claimed that she had pain and a burning sensation in her eyes while in the post-anesthesia care unit after surgery. After she was discharged that day at 5 p.m., she presented to an optometrist and was diagnosed with bilateral corneal abrasions to both eyes. She followed up with the optometrist for three days and was told to take over-the-counter artificial tears, as needed, when her eyes were dry. She was also given special contact lenses that she wore for two days to prevent her eyelids from irritating the corneas further. Andrich’s corneal abrasions resolved by the third day. Thus, Andrich sought recovery of $600 in economic damages as a result of missing three days of work.
