Professional Negligence Law Reporter

Metheney v. United States, No. 1:16CV2398 (N.D.Ohio Oct. 2018).

Tara Metheney, 60, underwent a left ankle replacement performed at a VA hospital by orthopedic surgeon Howard Kimmel. After the procedure, Metheney experienced pain and decreased range of motion. Kimmel ordered an X-ray and prescribed various ankle braces, which did not improve Metheney’s condition. After developing swelling, Metheney consulted another provider, who told her that her hardware had loosened. Metheney then underwent two surgeries to fuse her ankle plus other procedures, which were unsuccessful. Almost five years after the ankle replacement, she underwent a below-theknee leg amputation. Metheney sued the United States, alleging liability for Kimmel’s failure to obtain informed consent and for his negligent performance of the ankle replacement. The plaintiff asserted that Kimmel had failed to warn her of the risk of amputation related to the procedure. Additionally, the plaintiff charged, Kimmel implanted the ankle hardware seven or eight degrees out of alignment, which caused it to loosen. Suit did not claim lost income. The defense denied that Kimmel had violated the standard of care.

The parties settled for $180,000.

Plaintiff counsel: AAJ members Matthew A. Mooney and Paul G. Perantinides, both of Akron, Ohio.