03/08/2019    New York Jury Verdict Reporter

Podiatrist Not Liable for Patient's Loss of Toe (NY)

Case Summary: In October 2011, plaintiff Catherine
Reed, 61, a teacher's assistant, underwent
amputation of her left foot's fourth toe. The
procedure was necessitated by an adductovarus
deformity, which involves a toe having bent to a
position that is beneath an adjacent toe.
Reed claimed that the amputation was an unintended
result of treatment that began in July 2009, when
she underwent surgery that addressed a painful
condition of her left foot's second and third
toes.

The pain was a result of a Morton's neuroma, which
involves constriction of a foot's digital nerve.
The surgery was performed by defendant podiatrist.
Defendant podiatrist addressed the neuroma, and he
also corrected hammertoe deformities of the same
foot's second, third and fourth toes.

In August 2009, Reed underwent removal of a bunion
that occupied the base of her left foot's fifth
toe. The procedure was performed by defendant
podiatrist. Reed's left foot developed further
deformities. The first toe developed a bunion, and
the second and third toes developed mallet-toe
deformities.

In 2010, defendant podiatrist attempted surgical
repair of the deformities. The surgery included an
Akin osteotomy, which involved excision of a
portion of the first toe's bone.
After a brief period of improvement, Reed
developed the adductovarus deformity that
necessitated her amputation. Reed sued defendant
podiatrist.

Reed alleged that defendant podiatrist failed to
properly perform the three surgeries that preceded
her amputation. Reed further alleged that
defendant podiatrist's failures constituted
malpractice.

Reed's counsel contended that defendant podiatrist
did not ensure proper healing of the toes that he
repaired. He claimed that defendant podiatrist 's
error allowed subsequent misalignment that caused
further deformities. Reed's expert podiatrist
faulted defendant podiatrist's manner of securing
the toes. The expert noted that Reed had implanted
Kirschner wires, which are commonly termed
"percutaneous pins."

The expert also noted that the wire was contained
within the phalanges, which are the bones of the
toe, and he contended that the wire should have
extended to the corresponding metatarsals, which
are the bones that connect the toes and the center
of the foot.

The defense's expert podiatrist noted that
defendant podiatrist's surgeries temporarily
relieved Reed's pain, and he also noted that the
surgeries temporarily corrected misalignment of
her toes. He opined that those results indicated
that defendant podiatrist's surgeries were
correctly performed. The expert contended that
Reed's ensuing problems were unforeseeable,
unpreventable complications.

Injury Text: Reed underwent amputation of her left
foot's fourth toe. She claimed that the amputation
was a result of defendant podiatrist having
improperly performed surgical repair of her left
foot's toes. She also claimed that defendant
podiatrist's surgeries aggravated pre-existing
polyneuropathy that involved her left foot. She
claimed that she suffers chronic residual pain
that necessitates her use of over-the-counter
painkillers. She further claimed that her
amputation has caused a permanent alteration of
her gait. Reed sought recovery of damages for past
and future pain and suffering.

The defense's expert podiatrist opined that Reed
does not exhibit objective evidence of any
condition that should cause chronic pain. Defense
counsel claimed that Reed's post-amputation
medical records do not reference a painful
condition that involves the left foot.

Plaintiff podiatry expert: David Plotkin, DPM,
Springfield, NJ
Defendant podiatry expert: Barry I. Rosenblum, DPM
Address: Boston, MA

Award Details: The jury rendered a defense verdict
($0)

Source: New York Reporter Vol. 35

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