Virginia Lawyers Weekly

Franklin v. Feeny

Type of Case: Bunion surgery

Court: Roanoke Circuit Court

Attorney: Patrick T. Fennell, Roanoke

Summary: Plaintiff contended that a podiatrist was negligent in performing bunion surgery. After the surgery, the woman had such severe pain that an orthopedist amputated her toes in an unsuccessful effort to relieve her suffering from complex regional pain syndrome, which is also known as reflex sympathetic dystrophy.

The podiatrist denied any negligence but acknowledged that the woman was permanently disabled. The trial judge affirmed the finding of liability but reduced the award to $1.65 million, the medical malpractice cap that applied at the time. The judgment has been paid.

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