Professional Negligence Law Reporter

Simpson-Lynch v. DeCoteau, No. (N.Y. Sup. Ct. Bronx Cnty. Feb. 28, 2019).

Joan Simpson-Lynch, who was in her 50s, underwent a bunionectomy on her right foot performed by podiatrist Kordai DeCoteau. After the procedure, Simpson-Lynch experienced severe pain. An X-ray taken eight days later revealed the displacement of screws implanted during the surgery. DeCoteau performed follow-up surgery, during which he implanted a percutaneous pin. The procedure was unsuccessful, however, and Simpson-Lynch developed a stress fracture necessitating additional surgery and physical therapy. She continues to suffer pain in her foot and has an altered gait. Simpson-Lynch and her husband sued the podiatrist and his practice, alleging negligent performance of the bunionectomy and follow-up surgery. The plaintiff contended that the defendant misplaced the surgical screws and should have inserted two pins to stabilize her foot. Suit did not claim lost income.

The jury awarded $470,000.

Plaintiff counsel: Jacob Schindelheim and Shira Goldman Moyal, both of New York City.

Plaintiff expert: Lester Dennis, podiatry, Brooklyn.

Defense expert: Edwin Wolf, podiatry, New York City.