A 73-year-old man is suing a prominent eye institute and one of its physicians for alleged medical negligence that led to the loss of vision in his right eye. William E. Boyce filed the complaint against Robson Eye Institute, PLLC, and Dr. Shelia Pabon in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida, on June 3, 2024.
According to the complaint, Boyce first visited Dr. Pabon at Robson Eye Institute on July 2, 2021, where he was diagnosed with dry eye and epiretinal membranes. He returned for a follow-up appointment on October 21, 2021, receiving the same diagnosis. On November 10, 2021, Boyce experienced new symptoms of floaters in his right eye and contacted the office but was denied an appointment and not advised to seek emergency care. His symptoms worsened over time as he repeatedly called the office but continued to be denied timely appointments or advice for emergent treatment.
Boyce was finally seen by Dr. Pabon during his regularly scheduled follow-up appointment on November 30, 2021. At this visit, he was diagnosed with a macula-off retinal detachment and urgently referred to Gulf Coast Retina Center where Dr. Montzka attended to him either later that day or on December 1, 2021. Despite undergoing multiple retina surgeries performed by Dr. Montzka, Boyce lost vision in his right eye.
The lawsuit alleges that Robson Eye Institute is vicariously liable for the actions of its employee, Dr. Pabon. It accuses Dr. Pabon of failing to evaluate and treat Boyce's ocular emergency properly and neglecting to refer him for urgent care when he reported new symptoms indicative of a serious condition. The complaint outlines several breaches of professional standards by Dr. Pabon including failure to recognize an ocular emergency, failure to refer Boyce to another healthcare provider or emergency room equipped for ophthalmological care, and failure to have protocols in place for handling such emergencies.
Boyce is seeking damages exceeding $50,000 exclusive of costs from both defendants for bodily injury, disability, pain and suffering, disfigurement, inconvenience, mental anguish, loss of capacity for enjoyment of life, aggravation of pre-existing conditions or diseases, medical expenses incurred while seeking treatment for his injuries as well as lost earnings and future earning capacity.
The case has been assigned Case Number:24-002450-CI with attorneys Mark H. Perenich from Perenich Caulfield Avril & Noyes representing William E. Boyce.