DEFENDANT’S Medical Malpractice – Surgery – Young's tenosuspension with mba subtalar arthrodesis implant and posterior tibial tendon augmentation of both feet – Corrective surgery

Erie County, NY

The plaintiff, a 16-year-old male, presented to the defendant podiatrist with complaints of pain on the instep of both feet which he said was exacerbated by increased activity. After conservative treatment failed, the defendant performed Young’s tenosuspension with mba subtalar arthrodesis implant and posterior tibial tendon augmentation of both feet. The plaintiff ultimately had these implants removed because of continuing pain and transferred his treatment to an orthopedic surgeon who fused several joints in the feet. The plaintiff commenced this action against the defendant alleging improper diagnosis, failure to appropriately advise the plaintiff of the risks, and improperly performing surgery on an adolescent. The defendant argued that the plaintiff’s condition did benefit from the surgery, that he had appropriately advised the plaintiff of all risks, and that the plaintiff had consented to the surgery through his mother.

After the plaintiff unsuccessfully tried conservative treatment recommended by the defendant including medications and shoe inserts, the defendant took X-rays which revealed flexible pes planus deformity (flat feet) and tibial tendinitis. Again, the defendant recommended conservative treatment including custom orthotics or other options, including surgery. When the orthotics were not effective, the plaintiff, through his mother, requested surgery.

The defendant first performed to the plaintiff’s right foot Young’s tenosuspension with mba subtalar arthrodesis implant and posterior tibial tendon augmentation. The plaintiff was recovering uneventfully, but two months after the procedure, he was riding a bicycle when he put his foot, which was still in a cast, down on the ground and heard a pop. The defendant treated the new pain conservatively with pain management. He then underwent the Young’s tenosuspension with mba subtalar arthrodesis implant and posterior tibial tendon augmentation in the left foot.

The plaintiff claimed to have continuing pain in the right foot. One year later, the defendant removed both implants. The plaintiff transferred his care to an orthopedic surgeon who fused joints in both feet. The plaintiff claimed that he developed arthritis and pain. He then commenced this action alleging medical malpractice.

The plaintiff, who at the time of trial was a college student, alleged that he continued to be in pain that affected his daily living, his walking, his ability to attain his goal of becoming a police officer, and his ability to hang out with his friends. The plaintiff also maintained that his school grades were poorly impacted by his condition. The defense argued that it was the plaintiff’s marijuana consumption that accounted for the plaintiff’s drop in grades. On his behalf, the plaintiff’s priest testified as to the veracity of the plaintiff.

The plaintiff demanded $________. No offer of settlement was made.After a two week trial and after deliberating for five hours, the jury, in a vote of five to one, returned a defense verdict.