A judge has upheld a $1.7 million medical malpractice verdict in Randolph County. In affirming the award against Dr. Kenneth D'Amato, Circuit Judge John Henning rejected D'Amato's claim that his former patient is faking his injury.

Henning's ruling came earlier this month in a lawsuit filed by 67-year-old contractor Melvyn Heckel and his wife. The lawsuit alleged that D'Amato left Melvyn Heckel legally blind after a 2002 spine surgery.

A jury found D'Amato negligent in 2006. His lawyers then hired a private investigator, who filmed more than 50 hours of surveillance footage of Heckel at an Elkins construction site.

Henning says the footage clearly shows Heckel is disabled, and relies on special tools for even simple tasks.

The judge also ruled that D'Amato withheld a portion of the video showing Heckel struggling to climb stairs. D'Amato is appealing to the state Supreme Court.