Professional Negligence Law Reporter

Christine Perron, 54, suffered a Weber B fracture to her left fibula. Podiatrist Bryan Russell performed an open reduction internal fixation procedure at a hospital. Nine days later, during Perron’s first postoperative appointment with Russell, she complained of pain in her foot, ankle, and calf; as well as nausea, dizziness, and shortness of breath. Russell performed a physical exam and referred her for a vascular consultation to rule out deep vein thrombosis. At another appointment several weeks later, when Perron was still in pain, Russell recommended that she remain non-weight bearing, placed her in a walking boot, and prescribed physical therapy. The following month, Russell diagnosed Perron as having complex regional pain syndrome (CRPS) and referred her for physical therapy to work on desensitization.

Perron returned to Russell shortly after, complaining that she had felt her ankle pop that morning. Russell ordered a CT scan and continued physical therapy. After the CT scan results showed no hardware failure, Russel recommended more physical therapy.

Perron later consulted another physician, who diagnosed a peroneal nerve injury. He administered an injection and recommended surgery if Perron’s pain continued. Just over two months later, Perron underwent this exploratory procedure, during which her hardware was removed and a neuroma of the superficial peroneal nerve was excised. The surgeon confirmed that Perron’s peroneal nerve had been severed during the prior surgery to repair her fractured fibula. Perron expects to live with CRPS for the rest of her life.

Perron sued Russell’s employer at the time of the first surgery, Village Podiatry Group, LLC, alleging fraud, medical battery, negligence, and respondeat superior and vicarious liability.

The jury awarded $4 million. The defendant has moved for new trial.

Citation: Perron v. Village Podiatry Grp., No. 17EV005257D (Ga. St. Ct. Fulton Cnty. June 2023).

Plaintiff counsel: AAJ members Lloyd Bell and Dan Holloway, both of Atlanta.