Professional Negligence Law Reporter

Chelsea Schuster, 29, was diagnosed as having various bilateral foot conditions, including bunions. At her initial consultation with Foot First Podiatry Centers, she was advised to change her footwear. At her second visit, it was recommended that she undergo a realignment of the first metatarsal and proximal phalanx of the great toe and placement of surgical screws in her right foot.

Schuster underwent a right osteotomy with cheilectomy and internal screw fixation performed by podiatrists Keith Sklar and Samantha Sklar. On the 10th postoperative day, Schuster began to experience progressive pain, redness, warmth, and an inability to bear weight. She was admitted to a hospital, where, over the course of three days, she was administered antibiotics, pain medication, and steroids. Her differential diagnosis included infection, possible loosening of the surgical screws, and plantar fasciitis.

The day after her discharge, she returned to Foot First Podiatry Centers, where Keith Sklar performed a revision surgery that involved removal and replacement of one of the surgical screws. Sklar, who did not culture the screw, also administered two injections. Schuster was hospitalized again six days later. She was diagnosed with deep postoperative MRSA, osteomyelitis, an abscess, and an extensive sinus tract extending from the first metatarsal to the heel. She required multiple surgeries over several years, long-term antibiotics, and physical therapy.

Schuster sued Keith Sklar, alleging that he failed to monitor the conservative treatment for a sufficient period of time before performing surgery, performed an unnecessary osteotomy, failed to insert a surgical screw to the appropriate depth, failed to perform appropriate serial testing to rule out a postoperative infection, performed an unnecessary revision surgery, and failed to culture the surgical screw removed during this procedure. The plaintiff also named Foot First Podiatry Centers, P.C., under a respondeat superior theory.

The jury awarded the plaintiff more than $2.65 million.

Citation: Schuster v. Sklar, No. 2018L012536 (Ill. Cir. Ct. Cook Cnty. Aug. 10, 2023).

Plaintiff counsel: Katrina M. Taraska, Joseph M. Preiser, and Barry D. Goldberg, all of Chicago.