before will get a total of $2.1 million to settle a lawsuit against the
prominent surgeon who did the procedure.
James Dell'Ermo of Bedminster had the surgery in 2000 to get rid of
eye glasses and contact lenses he needed due to nearsightedness.
He had the surgery in the Bergenfield office of Joseph Dello Russo, an eye surgeon who widely advertises on TV and radio.
Dell'Ermo lawyer David Mazie says his client is now legally blind,
that his client's eyes were damaged by the procedure and cannot be
fully corrected. Dello Russo disputes the legally blind claim and
contends the man has functional vision with contact lenses.
Dello Russo's attorney, John Tomaszewski, says the settlement is not
an admission of wrongdoing and that the payout was made to avoid the
uncertainty of a long trial.
Of the $2.1 million, $1.7 million was paid by Dello Russo's medical
malpractice insurance. Mazie says another $400,000 was paid from the
doctor's personal insurance.
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