Professional Negligence Law Reporter

Doe, 55, underwent fusion surgery on her right foot performed by Roe podiatrist. Doe’s metatarsal bones failed to adequately fuse after the surgery, which caused her right big toe to remain slightly elevated. Roe performed revision surgery; however, this led to additional elevation issues when Doe applied pressure on the foot. Doe had three additional surgeries to address the problems resulting from the first two procedures.

Doe sued Roe, alleging the podiatrist had negligently performed the first surgery in that the bone staples used to connect her first metatarsal and medial cuneiform penetrated only the metatarsal bone. Additionally, the plaintiff claimed, the defendant misplaced a screw during the second surgery and failed to place hardware to fixate the second metatarsal.

The defense argued that Doe’s pain resulted from other health conditions.

The parties settled for $775,000.

Citation: Doe v. Roe Podiatrist, Confidential Dkt. No. (Va. Confidential Ct. Feb. 7, 2022).

Plaintiff counsel: AAJ member William Kilduff and Christopher Spinelli, both of Richmond, Va.