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06/05/2023 Business Wire
$4M Verdict Against GA Podiatrist for Severed Nerve
Facts: In November 2015, Defendant performed an open reduction internal fixation of a Weber B spiral oblique left distal fibular fracture on Christine Perron. At her initial post-op examination, Ms. Perron complained of pain in the foot, ankle and calf, as well as nausea, dizziness, light-headedness, and shortness of breath. Examinations that followed revealed pain to Ms. Perron’s distal lateral ankle with fibula, mild pain to the lateral ankle, ecchymosis, and edema. Defendant eventually diagnosed Ms. Perron with complex regional pain syndrome (CRPS) . In February 2016, Ms. Perron sought answers from another expert – Dr. Erroll Bailey of Resurgens Orthopaedics, citing a history of stabbing, burning, numbness, and tingling in her left lower extremity since the surgery performed by Defendant. Dr. Bailey diagnosed Ms. Perron with a superficial peroneal nerve injury caused by either a traction injury or a cut peroneal nerve at the proximal end of the incision.
In July 2016, Dr. Bailey performed surgery on Ms. Perron and removed the painful left fibular hardware, excised a neuroma of the superficial peroneal nerve, and buried the superficial peroneal nerve into the fibular bone in an effort to mitigate Ms. Perron’s symptoms. Dr. Bailey confirmed that Defendant had cut the superficial peroneal nerve during the prior surgery to repair Ms. Perron’s left distal fibular fracture. Dr. Bailey’s office took and preserved photographs of the severed nerve he discovered.
Verdict: During a trial in late May 2023, a jury found that Defendant’s employer at the time of the surgery, was responsible for severing Ms. Perron’s nerve. Because Ms. Perron will live with CRPS for the rest of her life, the jury awarded her $4 million in compensatory damages.
Plaintiff Expert Witnesses: Erroll Bailey, MD at Resurgens, B. Sonny Bal, MD. Defense Expert Witness: Allen Jacobs, DPM, St. Louis, MO
Source: Business Wire [5/30/23]
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