12/11/2013    NY Jurt Verdict Reporter

Botched Bunionectomy Caused Deformity, Plaintiff Claimed (NY)

Case Summary: On Oct. 13, 2006, plaintiff Aysha
Siddiqua, 35, a homemaker, underwent the removal
of a tailor's bunion, which is a bunion that
occupies the outside aspect of a foot's fifth toe.
The procedure was performed by podiatrist
Defendant, and it addressed the fifth toe of
Siddiqua's right foot.

Siddiqua subsequently developed a permanent upward
deformity of her right foot's fifth toe. She
claimed that the deformity was a result of a
complete tear of the toe's flexor tendon, and she
contended that the damage occurred during the
bunionectomy that Defendant performed.

Siddiqua alleged that Defendant failed to properly
perform the bunionectomy, that the failure
constituted malpractice.

Plaintiff's counsel presented an expert podiatrist
who opined that post-surgical x-rays demonstrated
progressive worsening of Siddiqua's deformity. The
expert contended that the deformity's only
possible cause was a complete tear of the
underlying flexor tendon, and he opined that such
a tear would constitute a departure from an
accepted standard of care.

Injury Text: Siddiqua claimed that she developed
an upward deformity of her right foot's fifth toe.
After 10 months had passed, she underwent surgery
that included extension of the toe's extensor
tendon and pinning of the toe. She contended that
the procedure was moderately successful, but that
the toe remains deformed. She also contended that
the toe's independent mobility has been lost. She
undergoes podiatric treatment.

Siddiqua claimed that she was unable to ambulate
during the two months that followed her reparative
surgery. She contended that her right foot's fifth
toe scrapes the inside of any closed shoe that she
wears, and she claimed that she cannot tolerate
anything more than short walks. She also contended
that she retains a compensatory alteration of her
gait. Siddiqua sought recovery of damages for past
and future pain and suffering.

Result: Plaintiff's award $823,920

Plaintiff Expert(s) Myron C. Boxer, DPM, Woodmere,
NY, Kelvin A. Barry, DPM, Brooklyn, NY
Defendant's Expert: Thomas DeLauro, DPM, NY, NY

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