Defense Verdict In Bronx County

Anthony M. Heller obtained a defense verdict in a leg amputation case on behalf of a podiatrist on July 28, 2008 in the Bronx County Supreme Court.

Plaintiff claimed that the defendant podiatrist, who performed reconstructive rear-foot surgery after plaintiff fell two and one-half stories from a fire escape, delayed in referring him to a plastic surgeon, to his detriment in the loss of the limb below-the-knee.

The defense countered by explaining to the jury that the trauma itself was the most significant event in bringing about the limb loss and that the surgery skillfully accomplished by the defendant podiatrist, was itself a major achievement.  The repaired bone structure healed even though there were nearly two dozen fracture lines in the crushed calcaneus.  The defendant doctor explained in a somewhat emotional manner how the saving of limbs is his paramount purpose and that doing everything he could to salvage the foot and leg were most important to him.

The jury understood that the care and treatment rendered by the defendant was clearly in accordance with good and accepted podiatric treatment and that the defendant did not depart from acceptable standards of podiatric care in treating a catastrophic wound.

The jury returned a 5-to-1 defense verdict.