Case Summary: On Oct. 13, 2006, plaintiff Aysha Siddiqua, 35, a homemaker, underwent the removal of a tailor's bunion, which is a bunion that occupies the outside aspect of a foot's fifth toe. The procedure was performed by podiatrist Defendant, and it addressed the fifth toe of Siddiqua's right foot.
Siddiqua subsequently developed a permanent upward deformity of her right foot's fifth toe. She claimed that the deformity was a result of a complete tear of the toe's flexor tendon, and she contended that the damage occurred during the bunionectomy that Defendant performed.
Siddiqua alleged that Defendant failed to properly perform the bunionectomy, that the failure constituted malpractice.
Plaintiff's counsel presented an expert podiatrist who opined that post-surgical x-rays demonstrated progressive worsening of Siddiqua's deformity. The expert contended that the deformity's only possible cause was a complete tear of the underlying flexor tendon, and he opined that such a tear would constitute a departure from an accepted standard of care.
Injury Text: Siddiqua claimed that she developed an upward deformity of her right foot's fifth toe. After 10 months had passed, she underwent surgery that included extension of the toe's extensor tendon and pinning of the toe. She contended that the procedure was moderately successful, but that the toe remains deformed. She also contended that the toe's independent mobility has been lost. She undergoes podiatric treatment.
Siddiqua claimed that she was unable to ambulate during the two months that followed her reparative surgery. She contended that her right foot's fifth toe scrapes the inside of any closed shoe that she wears, and she claimed that she cannot tolerate anything more than short walks. She also contended that she retains a compensatory alteration of her gait. Siddiqua sought recovery of damages for past and future pain and suffering.
Result: Plaintiff's award $823,920
Plaintiff Expert(s) Myron C. Boxer, DPM, Woodmere, NY, Kelvin A. Barry, DPM, Brooklyn, NY Defendant's Expert: Thomas DeLauro, DPM, NY, NY
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