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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