Medical Malpractice Defense Verdict
Partners James C. Sawran and Thomas M. Hartwig prevailed in a two (2) week malpractice trial. The case involved a malpractice claim filed by the Plaintiffs against the Defendants, a podiatric surgeon and his professional association. The Plaintiffs alleged the podiatric surgeon was negligent when he performed a tarsal tunnel decompression surgery on October 19, 2010. At trial, the Plaintiffs claimed, through testimony of various treating and “expert” witnesses, that the podiatric surgeon was negligent when he mistakenly placed a “running suture” through the tarsal tibial nerve at the time of initial surgery, causing nerve damage. The Defendants denied the Plaintiffs’ claims before and during trial, and further argued at trial that there was no objective or credible evidence to support the Plaintiffs’ claims of liability or damages.
The Plaintiffs demanded $8,968,898.00, apportioned as follows: $1,902,528.00 for pain and suffering, $5,991,940.00 for future pain and suffering, $190,252.00 for loss of consortium, and $884,278.00 for future medical expenses. Additionally, Defendants agreed prior to trial to pay a healthcare lien in the event of a verdict in favor of the Plaintiffs.
On October 28, 2016, the jury within one hour returned a unanimous verdict in favor of the Defendants, finding no evidence to support the Plaintiffs’ claims against the Defendants.