D. Malice The negligent acts and/or omissions of defendants as set out above constitute an entire want of care so as to indicate that the acts and/or omissions in question were the result of conscious indifference to the rights, welfare or safety of the Plaintiff, or that they constitute malice, as that term is defined by law, so as to give rise to an award of exemplary damages. Plaintiff would show that the acts and/or omissions of Defendants which, when viewed objectively from the standpoint of Defendants at the time of the occurrence, involved an extreme degree of risk, considering the probability and magnitude of the potential harm to others; and of which Defendants had actual, subjective awareness of the risk involved but, nevertheless proceeded with conscious indifference to the rights, welfare and safety of others. Plaintiff would show that the acts and/or omissions of the Defendants as set out above, constitute malice as that term is defined by law, so as to give rise to an award of exemplary damages against Defendants Alcon.
E. Aggravated Assault Defendants, by and through their employees, agents, vice-principals, knowingly engaged in conduct which resulted in Plaintiff's injuries; placed Plaintiff at risk for serious injuries; and/or were reasonably certain that their conduct would cause serious injury to Plaintiff. Accordingly, Defendants knowingly committed acts of aggravated assault which caused serious bodily injury to Plaintiff in violation of Penal Code Section 22.01.
Systematic underablation in LASIK: ablation pattern identified by advanced topographical analysis
J Cataract Refract Surg. 2003 Aug;29(8):1621-5.
Topographical analysis based on the differential geometry of surfaces-curvature topography-was developed and applied to a patient after laser in situ keratomileusis. The patient had a minimal residual refractive error and normal best corrected visual acuity but had multiple visual aberrations, including ghosting and glare, unless the pupils were maximally constricted. The corneal loci responsible for the aberrations were difficult or impossible to identify on axial topographies but were readily identified with curvature topography. The patient's ablations appeared to be miniature versions of the intended ablation profiles, with small areas of emmetropic central cornea surrounded by annuli of rapidly increasing keratometric power; that is, systematic underablation. This may explain why some patients have visual aberrations with pupil diameters smaller than the programmed optical zones.
Dr. Sandra Brown is a Lubbock, Texas ophthalmologist and author of this and many other published articles and medical studies on the importance of pupil size in refractive surgery.
You can find more of her work at www.pubmed.gov. (In the search engine type "Brown SM".)