10/16/2014    New York Jury Verdict Review & Analysis

Alleged Negligent Removal of Neuromas (NY)

Facts: The plaintiff, in her 40s, who had
undergone surgery to remove two neuromas situated
between adjacent interspaces between the toes,
contended that the defendant acted in a negligent
fashion by deciding to remove two adjacent
neuromas in the same surgery. The plaintiff
contended that the defendant thereby increased
the risk of injury needlessly, and that she
suffered neurological injury.

The defendant maintained that removing the
neuromas during one surgery is acceptable and
obviates the risks associated with removing the
neuromas in two separate surgeries.

The defendant contended that each surgery has
risks and that two separate surgeries place the
patient at risk twice. The defendant also
contended that the plaintiff did not suffer
vascular compromise, a risk the plaintiff's
expert claimed was increased with the single
procedure.

The defendant showed a surveillance video that
was taken approximately six months after the
plaintiff, a social worker, contended she could
no longer work. In the video, the plaintiff was
seen using an elliptical machine for
approximately one hour.

The defendant also contended that although the
plaintiff had contended in her BP that she
suffered RSD, she abandoned this claim at trial,
and that this factor should further undermine her
credibility. The defendant further established
that the plaintiff had brought three cases from
prior incidents that did not involve the
defendant, and that her claims included
neurological injury to the spine.

The defendant denied that the plaintiff suffered
neurological injury to the foot beyond some
expected decreased sensation from the surgery and
contended that any continuing complaints stemmed
from the alleged previous injuries.

Result: The jury found that the defendant was not
negligent.

Plaintiff's expert witness: Jordan Rachlin, DPM,
Hartsdale, NY.

Defendant's expert witnesses: Michael
Trepal, DPM, Brooklyn, NY, Edwin Wolf, DPM NY,
NY.

Source: New York Jury Verdict Review & Analysis,
Vol. 31, Issue 4

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