10/29/2014    Jury Verdict Research

Alleged Negligent Foot Surgery (MA)

Facts: Christine Shay, a 40-year old female,
reportedly suffered improperly performed and
unnecessary elective foot surgeries while under
the medical care of defendant podiatrist working
as an agent/employee of defendant Podiatry PC.
Shay said she presented for care to defendant in
early 2006 due to complaints of foot pain. At her
initial visit defendant diagnosed her with
hammertoe deformities on her toes and recommended
surgery to correct misalignment of her left great
toe.

Defendant performed her first surgery a few days
later by removing a wedge shaped piece of her
great toe bone and by performing a fixation of the
remaining bone to maintain proper alignment during
healing, the great toe bone became misaligned
because defendant failed to use adequate fixation,
defendant failed to timely detect the
misalignment, and, because Shay continued to
experience pain, defendant then recommended and
performed great toe fusions on both her feet.

Shay claimed the three surgeries only caused her
increase pain and foot problems, resulting in her
no longer being able to perform her job functions
as a recreational therapist, and alleged defendant
should have corrected the original surgery and
existing misalignment rather than performing two
unnecessary toe fusion surgeries. Shay also
asserted she did not give informed consent for any
of the surgeries because defendant failed to give
a proper explanation of the benefits, risks and
alternatives.

The defendants denied Shay's claims, asserted some
of the claims were time-barred, contended the
misalignment after the first surgery was caused by
a trip and fall event with her protective boot off
to which Shay admitted, and argued the two follow-
up great toe fusions surgeries were recommended
because of a need to give Shay matching toe
anatomy.

Result: The jury found defendant was not negligent
($0).

Plaintiff's expert witnesses: James Connor, DPM,
Cherry Hill, NJ and Robert Greene, DPM,
Worchester, MA
Defendant's expert witness: James Ioli, DPM,
Michael Kennedy, MD, Natick, MA

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