09/03/2019    Florida Jury Verdict Reporter

Heel Bone Surgery - Non-Healing Surgical Wound (Florida)

Case Summary: After sustaining a fracture to his
right heel, plaintiff Ralph S. Peterson saw
defendant podiatric physician, for treatment.
Defendant performed surgery to repair the heel
bone fracture and inserted two screws and washers
in order to stabilize bone fragments. Plaintiff
claimed that the bone fragments subsequently
became unattached, that the surgical wound failed
to heal, and that he developed a large open wound
on the back of his heel.

He further claimed that Defendant continued to
treat the non-healing wound with debridements and
again performed surgery on Jan. 15, 2014, to
remove the screws and washers and to stabilize
the fragmented bone. Defendant allegedly
continued to treat the open non-healing wound
from the Jan. 15, 2014 surgery through Aug. 7,
2014. Ralph Peterson was subsequently diagnosed
with chronic osteomyelitis in his heel
necessitating a partial calcanectomy (removal of
a portion of his heel bone) in Nov. 2014.

In a complaint filed against defendants on June
30, 2016, Ralph Peterson alleged that Defendant
was negligent in the performance of the two
surgeries and in his follow-up care and
treatment.

Defendants responded that Ralph Peterson was
himself negligent and that such negligence was
the legal cause of his injuries because he had
failed to comply with Defendant's treatment
recommendations.

Result: $441,820 for Plaintiff. (verdict)
($236,820 - past medical expenses; $ 5,000 -
future medical expenses; $50,000 - past pain and
suffering; $150,000 - future pain and suffering)

Plaintiff's Podiatric Expert: Steven M. Spinner,
DPM, Plantation, FL
Defendant's Podiatric Expert, John Schuberth, DPM
Tiburon, CA

Source: Florida Jury Verdict Reporter (FJVR)

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