Defense Verdict in Staten Island
On June 13, 2013, Peter DeNoto received a defense verdict in Staten Island on behalf of a prominent podiatrist, and earlier in the trial, he received a dismissal of all claims on behalf of another prominent podiatrist.
Plaintiff demanded $25 million in damages against the defendant podiatrists for podiatric care that plaintiff received as an outpatient after falling and injuring his right foot and ankle. More specifically, plaintiff claimed that the podiatrists negligently permitted a resident to administer podiatric care and treatment to plaintiff without providing adequate supervision. The resident then purportedly applied the Jones Compression Bandage to plaintiff’s right foot too tightly. Consequently, plaintiff allegedly developed a compression nerve injury in his right foot, and he later developed Complex Regional Pain Syndrome of his right lower leg and foot.
The defense was based upon the exceptional quality of the podiatric care that was provided to plaintiff, the absence of a compressive nerve injury or Complex Regional Pain Syndrome, and the presence of unrelated injuries that were the cause of plaintiff’s right lower leg and foot pain. Specifically, one of the podiatrists, as the Director of the Podiatric Residency Program, arranged for all residents to rotate through private practices so that they could complete their podiatry training by providing outpatient treatment under the supervision of a licensed podiatrist. In this case, the other podiatrist was present in a private office and providing podiatric care to all of the patients, with the resident assisting. The podiatrist, after performing a complete examination and reviewing radiographic images, properly decided to apply the Jones Compression Bandage to plaintiff’s right lower leg and foot to limit mobility. Then, he properly applied the bandage with the resident’s assistance. Both podiatrists, the resident, as well as experts in the fields of Podiatry and Neurology, testified that the podiatric care and treatment was appropriate, plaintiff never developed a compressive nerve injury in his right foot and/or Complex Regional Pain Syndrome, and plaintiff’s right leg and foot pain was caused by two herniated discs in plaintiff’s back at the L4-L5 level and L5-S1 level.
Before the case was submitted to the jury for resolution, all claims against one podiatrist were dismissed by the judge. Plaintiff then lowered his demand for damages from $25 million to $3 million-to-$5 million. After having trial testimony read back, the jury deliberated for seventeen minutes and returned a unanimous verdict in favor of the remaining podiatrist and the resident.