that because "[t]he third implant was
placed vertically . . . through the same incision," the result was that
"[a] poorly-healed incision caused leakage, and that "[a]s a result of
the poor incision," Alston suffered from an epithelium downgrowth, which
"resulted in the ultimate loss of the eyeball." Dr. Jaffe further
testified that, if Dr. Marvelli had positioned the lens horizontally, in
reasonable medical probability the lens would not have dislocated, and
regardless of her rubbing her eye, assuming she did rub her eye, Alston would
most likely have her vision and her eyeball. (9)
Viewing the totality of Dr. Jaffe's testimony in context, considering its
substance, we hold that Dr. Jaffe's testimony of causation is clearly and
definitively built upon a series of probabilities and is legally sufficient to
establish the cause-in-fact element of proximate cause. For the same1999, Alston was in pain. After the
removal of her eye, Alston had a prosthetic eye inserted and now has to take
care of it. To do so, she must use eye drops to clean her eye twice daily,
remove it once a week and clean it with baby shampoo, and she must clean her eye
socket to prevent infection. Randy Trawnik, the designer of Alston's prosthetic
eye, testified that every five years for the rest of her life, Alston will have
to have a new prosthetic eye created and fitted.
After the removal of her eye, Alston developed various vision problems and
suffers from low self-esteem. Alston has no depth perception, and very little
hand-eye coordination. Due to her lack of vision in one eye, Alston feels
socially uncomfortable because she has to stare at people in