Virginia Lawyers Weekly VA Lawyers Weekly
Plaintiff was a 54-year-old woman who saw defendant podiatrist for intractable foot pain. Defendant diagnosed a neuroma (a benign condition) and scheduled surgery to remove. On the morning of surgery, a nurse noted discoloration of the toes, swelling, and white marks on foot. She brought it to defendant’s attention but he proceeded with surgery. Patient called defendant’s office three days in a row after surgery to complain of continuing foot pain and discoloration. Defendant did not have patient come in. When defendant saw patient for post-operative visit, the foot was clearly vascularly compromised. Defendant set up an appointment with a vascular surgeon for the next day, rather than emergently. Plaintiff alleged the defendant should have suspected a blood clot on the morning of surgery, postponed the surgery, and referred her immediately to a vascular specialist. Further, defendant had multiple opportunities after surgery to make the referral before the situation became critical. Defendant’s notes of the patient’s phone calls were written two and a half weeks after he learned of the amputation but dated as if written contemporaneously. Discovery of metadata revealed this, which was later confirmed via a corporate representative deposition.
[18-T-056]Type of action: Medical Malpractice
Injuries alleged: Above the knee leg amputation
Name of case: Adrian v. Fredericksburg Foot & Ankle, et al.
Court: Fredericksburg Circuit Court
Tried before: Jury
Name of judge: Judge Patricia Kelly
Date resolved: May 24, 2018
Special damages: Above the knee leg amputation
Demand: $225,000 (pre-suit)
Offer: None
Verdict or settlement: Verdict
Amount: $2,000,000
Attorneys for plaintiff: Scott M. Perry and Mikhael D. Charnoff, Arlington
Plaintiff’s experts: Alan Rothstein, DPM (podiatry); John Senatore, DPM (podiatry); David Brewster, M.D. (vascular surgery)
Defendant’s experts: Travis Motley, DPM (podiatry); Christopher Abularrage, M.D. (vascular surgery)
Insurance carrier: PICA
