Defense Verdict in Nassau County
Michael Sullivan obtained a defense verdict in a Supreme Court, Nassau County podiatric malpractice case on October 7, 2015.
Plaintiff was 45 years old and had a 15 year history of multiple sclerosis when she underwent a Lapidus bunionectomy surgery on her right foot by the defendant in November 2009. Seven months after surgery, plaintiff was diagnosed with a non-union of her fusion site and she underwent a second fusion surgery by another provider in December 2010. Plaintiff’s right foot and ankle were immobilized in a CAM boot for approximately one year. Plaintiff claimed that the defendant used improper surgical technique in cutting her first metatarsal bone and that improper technique caused the non-union. Plaintiff further claimed that the defendant should have diagnosed the non-union three months earlier and should have prescribed a bone stimulator to improve healing of the fusion site. Finally, plaintiff claimed that her immobilization in the CAM boot worsened her symptoms of multiple sclerosis and caused her to develop an equinus contracture in the right leg.
Through his client’s testimony and testimony from experts in podiatry and multiple sclerosis, Mr. Sullivan established that the defendant’s surgery was properly performed, that plaintiff’s non-union was timely diagnosed and treated, and that plaintiff’s ongoing complaints are related to a non-union and broken hardware suffered after the second surgery and due to the expected progression of her multiple sclerosis.
After seven days of testimony before the Honorable James P. McCormack, the jury rendered its unanimous defense verdict in 20 minutes.