10/04/2016    New York Jury Verdict Review & Analysis

Alleged Negligent Performance of Indicated Bunionectomy

Facts: This was a podiatric case involving a
38-year old plaintiff who underwent a
bunionectomy that was performed by the
defendant.

The plaintiff contended that the defendant
negligently failed to move the capital fragment
of the metatarsal laterally, as well as remove
sufficient bone from the medial aspect of the
metatarsal head, and claimed the bunionectomy
was doomed to failure. She maintained that as a
result of the alleged negligence, alignment of
her toes was not changed, and that she required
subsequent surgery several months later that
was done by a non-party orthopedic surgeon.

The plaintiff asserted that although the
subsequent surgery resulted in appropriate
alignment and improved the severe pain, she
will permanently suffer some pain and
limitations because of the alleged negligence.
There was no claim that the bunionectomy was
unnecessary.

The defendant, and the defendant's expert
podiatrist, opined that the surgery was
performed properly, notwithstanding the
apparent absence of an optimal result. The
defendant and his expert used medical
illustrations, anatomical models, and x-rays to
demonstrate the manner in which the metatarsal
was moved and fixated with surgical screw.
The jury found that the defendant was not
negligent.

Result: Defendant's verdict ($0)

Plaintiff's expert: Jack Gorman, DPM from
Warminster, PA

Defendant's expert: K. Paul Flannigan, DPM from
Yarmouth, ME

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