On February 20, 2020, Wayne Cousin, Esq. obtained a defense verdict for a local podiatrist after a three-week jury trial in the New York Supreme Court. After only 90 minutes of deliberations, the jury rendered a unanimous verdict in favor of the defendant, finding that the physician was not negligent and had not committed podiatric malpractice.

Following a diagnosis of hallux valgus, hammer toes and a neuroma, the defendant performed surgery on the plaintiff.  Said surgery repaired the hallux valgus and bunion, corrected the three curled toes, and removed the neuroma on Plaintiff’s left foot. The plaintiff alleged that surgical intervention by the defendant had left her with pain, scarring, and stiff toes on her left foot.

Plaintiff claimed the scar from the bunionectomy caused her pain and limited movement. Defendant’s expert asserted that scarring was a known and accepted risk and outcome of this type of surgery, and that an outcome of scarring or some immobility following surgery does not constitute a departure from the accepted standards of podiatric care.