Siemon

I.

BACKGROUND

Following a lens removal and replacement surgery, Siemon experienced an infection. She was subsequently diagnosed with toxic anterior segment syndrome (TASS), an inflammatory reaction resulting from contamination

1 that causes toxic damage to the eye. As a result of TASS, Siemon experienced damage to her eye, and subsequent attempts to repair the damage were unsuccessful. Siemon subsequently sued the Regents for medical negligence.1 Siemon retained Dr. Michael Reynard, an ophthalmologist, as an expert to opine about the diagnosis of TASS, breach of the standard of care, and Siemon’s future care needs. Accordingly, Dr. Reynard prepared an expert report, which he noted was based on his review of various materials and his independent medical examination. His report described TASS, noted Siemon’s treating physicians “concurred with the diagnosis of TASS,” and cited other evidence in support of that diagnosis. The report discussed various causes of TASS, the harm caused to Siemon as a result of TASS, the impact on her vision, and her future care needs. As relevant to this appeal, the report reached two conclusions. First, the report stated, “With a reasonable degree of…