Blinded Man, Doctor Agree on Settlement : Lawsuit: The $3.9-million accord comes several years after John Chavez lost his sight and suffered brain damage during ankle surgery.

SANTA ANA —  A Fountain Valley man and the doctor he sued after suffering blindness and brain damage from complications that arose during minor surgery on his ankle agreed Thursday to a nearly $4-million settlement.

John Chavez, 30, who had won a jury award of about the same amount last December, reached the settlement with Dr. Donald Altig of Humana Hospital-Huntington Beach as the case was being reviewed by a state appellate court, Chavez’s attorney, Wylie A. Aitken, said.

“It’s a sad case,” Aitken said. “John is satisfied (with the settlement), but you can’t say he’s pleased because he’s not content with where he’s at.”

Chavez had broken his ankle in the summer of 1984 during a moped accident. Several months later, he went to the hospital for an operation to remove orthopedic pins that had helped his ankle heal.

But what was supposed to have been a routine surgery on Oct. 24, 1984, turned into a medical nightmare when Chavez went into cardiac arrest and slipped into a coma that lasted 3 1/2 weeks, Aitken said.

During a six-week trial last December, Aitken contended that Altig, who administered the general anesthetic for the operation, was negligent.

Altig failed to “adequately oxygenate and ventilate” Chavez--a failure that left him permanently blind and partly mentally disabled, Aitken charged.

Altig’s attorney, Glenn Cornell, could not be reached for comment Thursday.

Altig’s attorneys had argued during the trial that Chavez had a “pre-existing” heart condition before the operation and might have also been allergic to the anesthetic.

Altig, who also could not be reached for comment, had denied in court papers that he was negligent.

But jurors, who listened to more than a dozen experts during the trial, ruled 10 to 2 that Altig was to blame and awarded Chavez $3.8 million.

Under a special state law designed to encourage settlements, another $1.2 million in interest was added to the award because the defense refused a “reasonable” offer to settle during the early stages of the case, Aitken said.

Altig appealed the verdict but agreed to a $3.9-million offer during a mandatory settlement conference ordered by Justice Sheila Prell Sonenshine of the 4th District Court of Appeal.

Aitken said the bungled operation damaged his client severely. Chavez, he said, had been a lifeguard and former athlete who graduated magna cum laude from San Diego State University in finance management before the operation.

As a result of the operation, Aitken said, Chavez continues to experience short-term memory loss, impaired coordination and tactile difficulties.

“He’s doing well considering the circumstances,” Aitken said. He said Chavez has gone back to school at Fullerton College, participates in church activities and works out at the gym.

“He’s being positive about it,” Aitken said. “This money will give him some economic freedom.”

Chavez was on vacation in New Mexico and could not be reached for comment. His father, Emilio Chavez, said his son has “had mixed emotions” about the settlement.

Because of his condition, the father said, “John still gets depressed a lot. He sits at home and stays in his room and doesn’t go out a lot. . . . But he’s coping.”