Verdict: Not Guilty
Date: January 2011
PLTF Medical: Paula Brown (Counselor)
PLTF Experts: Dr. David Hootnick (Orthopedist), Arlene Hoffman D.P.M. (Podiatrist), Dr. Gary Yarkony (Rehab/Physical Medicine) and Roger Skurski (Economist)
DEF Experts: Dr. Christopher M. Sullivan (Pediatric Orthopedist), Jeffrey S. Boberg, D.P.M. (Podiatrist)
Summary: Plaintiff was born with bilateral club feet. After several unsuccessful surgeries during her adolescence she was referred to a podiatric surgeon specializing in pediatric podiatry. She underwent a mid- foot osteotomy and tendon transfers on her toes. 3 days later she exhibited signs of ischemia on the tips of 3 toes. On the next day, the ischemia had resolved on one of her toes and she was discharged. She had a follow-up visit 4 days later and the ischemia had returned to all 5 toes and her foot. Vascular testing revealed there was no blood flow in the forefoot. The vascular surgeon concluded that the Plaintiff’s toes were necrotic and recommended an amputation at the mid-foot. Defense asserted that they were not required to perform vascular imaging of Plaintiff’s foot and toes prior to discharge and that the development of ischemia was unforeseeable and untreatable.