On March 13, 2018, Frank Dispensa was examined by an ophthalmologist who found that his left optic nerve was swollen and an MRI was therefore needed to rule out a mass lesion. Mr. Dispensa, then 78 years old, had the MRI done that day. It was read by a Poughkeepsie radiologist who concluded there was no mass.

Eight months later, another physician found that there had been a meningioma (a tumor) on Mr. Dispensa’ s left optic nerve. Mr. Dispensa ended up losing all vison in his left eye.

Mr. Dispensa sued the radiologist claiming that he failed to timely diagnose the meningioma and that the delay caused his vision loss. A Dutchess County jury agreed and awarded pain and suffering damages in the sum of $1,450,000 ($1,100,000 past – five years, $350,000 future – seven years).

In Dispensa v. Medical Diagnostic Imaging, PLLC (2d Dept. 2026), both the liability and damages verdicts have been affirmed.

Plaintiff had a long history of amblyopia (lazy eye) in his right eye that left him largely dependent on his left eye; however, his left eye was good enough that he enjoyed a 30 year career at IBM writing software for mainframe computers and, when he retired in 1992, he could read newspapers, drive himself, taught professional photography and engaged in hobbies such as building computers. After he lost all vision in his left eye, plaintiff was unable to read newspapers, could drive only in his neighborhood and only during the day and he became socially isolated. Thus, plaintiff claimed, the loss of vision in his left eye had the effect of taking away substantially all of his ability to see.

Inside Information:

• The jury awarded loss of services damages to plaintiff’s wife in the sum of $250,000. A year and a half after the verdict was rendered, but before the appellate court decision, she died at the age of 80. Her award was reduced to $50,000.