Today was the first day of 28 year old Stephanie’s legal claim against Optical Express (1st defendant) and Dr Joanna McGraw (2nd Defendant).
I truly expected the Defendants to settle at the last moment - as they generally do! But no, it seems they’re going ahead, and I’m free to report here now it’s in open court.
OE discovered last week that I knew about the trial, so presumably weren’t surprised at my presence. Nevertheless, Mrs McGraw and her legal team didn’t seem very happy to see me. And yet I’m such fun to have around
Dressed in a smart navy skirt and jacket with a modest neckline, lightened up by a light blue patterned scarf around her throat, Joanna remained composed throughout as Stephanie’s barrister presented his argument.
In fact, Joanna could have had botox given the lack of emotion she showed, her pallor accentuated by rouge, providing an unfortunate resemblance to a cadaver made up for a family viewing.
Stephanie’s case is based on lack of informed consent, Dr McGraw’s failure to explain and warn her of the risks pre surgery, performed at Optical Express in Southampton when she was only twenty one years old.
Briefly: Stephanie was supposed to have Lasik, Joanna changed it to Lasek, but performed PRK without consent.
I found myself in tears at one point, empathising with the description of Stephanie’s problems, many similar to my own - including severe photophobia. (It is a very bright court room and Stephanie and I both wore dark glasses)
Tweedledum and Tweedledee (Stephen Hannan and David Mungall) were mentioned in the opening argument, and I don’t believe OE could function without the tag team to fend off so many damaged patients with their repeated lies! (Presumably both have signed a gagging order with OE)
David Mungall wrote to Stephanie before she began legal proceedings in 2010, asking how much she wanted to settle. £10,000 was discussed.
Other than Joanna McGraw, there can be no argument that I had more knowledge about this industry than anyone else present there today. And I now better understand the difficulties faced by legal teams in representing eye surgery negligence clients.
It’s taken me nearly four years to learn all I have about the various procedures, terminology, etc... and to expect a Court to learn it in a day - or even a month, is impossible!
I was so shocked when her barrister detailed how the psychiatrist employed by OE to examine Stephanie had claimed she was exaggerating her depression for the purpose of her legal claim!
Believe me it gets worse
In 2012 Optical Express employed a surveillance team to spy on Stephanie, trying to prove she was lying about the extent of her vision problems. They even filmed her inside her house in her kitchen - and in her bathroom!!
Never again should anyone question me when I advise they record meetings with OE surgeons!
The Court emptied at 3pm so Judge Bailey could watch 2hrs of edited footage on a laptop, as the video player wasn't available in the Court.
Lucky, methought!
By the way, I’m told Stephanie was wearing sunglasses when they filmed her through her kitchen window!
The informed consent process is at the heart of My Beautiful Eyes Campaign calling for government legislation. If (when) this case is won, it will be fantastically helpful to so many people who are in, or considering, litigation.
If you’re in London, or close by, and would like to come along to support Stephanie, please contact me.
I intend to be present every day, so will have little time to respond to emails, queries, etc…
I will do my best to update OERML when I can, but in the meantime, please visit OERML Facebook for recent news.