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Derry couple awarded $5 million; Verdict reached in malpractice lawsuit after woman left blind

By Staff | Dec 19, 2016

BRENTWOOD – Although Nancy Knox lost sight in her left eye because, according to her lawyer, her eye doctor failed to timely treat her age-related macular degeneration, Knox was nevertheless able to lead "a normal life" because her right eye was fine.

But come the summer of 2012, her Londonderry-based ophthalmologist, Dr. Adam P. Beck, diagnosed ARMD in her right eye – but, according to Knox’s lawyer, delayed treatment so long that Knox became legally blind.

Earlier this month, a jury charged with deciding whether Beck "deviated from the standard of care" in treating Knox, and was therefore liable of medical malpractice, answered "yes" to four of five questions and awarded Knox and her husband, Joseph, some $5 million in compensation.

Given a range of between $1.8 million and $4.1 million as a guideline for the amount of the award, the jury of seven women and five men deliberated for about 21/2 days before awarding Nancy Knox roughly $4.68 million "to fairly compensate her for her losses caused by the negligent treatment of her right eye," and another $300,000 to Joseph Knox for "loss of consortium" as a result of Beck’s negligence in treating "either, or both of, Nancy Knox’s eyes," according to the verdict form.

The verdict, which followed a 6-day trial in Rockingham County Superior Court earlier this month, ended "an arduous trial" in which the Knoxs "had to relive this very difficult episode in their lives," their attorney, Rick Fradette of Manchester, said in his closing arguments.

"Imagine what it is like to sit day after day and hear competent, conscientious, honest physicians testify that what happened to you was entirely preventable," Fradette said, referring to witnesses that included glaucoma and retinal specialists and a retinal surgeon.

Fradette also called to the stand a life-care planner and an economist, who testified regarding their estimates of how much it would cost the Knoxs for personal care attendants and home health aides to care for and treat Nancy Knox for the remainder of her life.

The economist, Craig L. Moore, of Southwick, Mass., put that cost between $3.8 million and $4.35 million, according to transcripts of his testimony.

Beck, in his response to the suit, denied "any alleged failure to meet the standard of care" as well as "any alleged causal relationship between (his) conduct and (Nancy Knox’s) alleged injuries."

Instead, according to his response, Beck describes himself as "a competent, licensed physician specializing in ophthalmology who treated Mrs. Knox in accord with the applicable standard of care."

Beck responds to the majority of the points raised in the suit by either denying the allegations or stating that he "is without knowledge or information sufficient to form a belief as to the truth of the allegations … ."

In another segment of his response, Beck’s lawyers suggested it was Knox who was negligent, stating she "was not in the exercise of due care … and that her "negligence contributed to cause the injury" cited in the suit.

Fradette, meanwhile, describes a downward trend in Nancy Knox’s health beginning in July, when Beck first diagnosed macular degeneration in her right eye.

Beyond delaying treatment, Beck, the suit alleges, embarked on a risky treatment course ill-advised for a patient with a history of glaucoma.

After he treated her with a steroid – which, the suit states, is inadvisable for someone with glaucoma – Knox returned three days later "with excruciating pain in her right eye." Although the pressure in Knox’s eye was more than double the normal, which Fradette describes as "an emergency situation," Beck "in violation of the standard of care" treated her eye only with eye drops for the next 10 days.

A week later, the suit states, Beck performed glaucoma surgery on Knox’s right eye, but it was unsuccessful. Rather than refer Knox to eye specialists in Boston, Beck "decided to proceed with a more aggressive surgery … (and) performed Ahmed Valve surgery on her right eye in violation of the standard of care," Fradette wrote, referring to a procedure designed to relieve pressure by draining fluid from the eye.

Her condition deteriorated to the point where she had to have her right eye surgically removed at another medical facility.

Of the jury’s verdict, Fradette said he felt that the jurors saw the Knoxs as "sympathetic figures," an older couple who "relied on medical professionals and were horribly let down.

This was a really sad case, and the jury obviously took it very seriously," he said.

Dean Shalhoup can be reached at 594-1256, dshalhoup@nashuatelegraph.com or @Telegraph_DeanS.