PS Partner: Dean C. Nichols
We represented: Michael Horwitz DPM and Feet For Life Centers
Venue: St. Louis County
Plaintiff had bunions on both feet and came to Dr. Horwitz for treatment. Plaintiff claimed she did not have hammertoes and had only bunions. Dr. Horwitz performed Austin and Akin bunionectomies on her first metatarsals and arthroplasty on toes 2-5 of both feet. A tweak procedure was performed on the 3rd toe on the right foot after these procedures. Plaintiff alleged negligence in recommending and performing the surgeries. Plaintiff claimed the fixation pin on the right foot was not placed correctly, thereby causing the pin to stick out of her foot, and causing her disabling injuries. Plaintiff complained of severe pain in both her feet since the surgeries and testified she could not work as a result. The defendants denied the procedure was performed improperly and showed X-Rays of plaintiff’s feet after the surgeries showing proper alignment.
The jury returned a verdict for the defendant.
Last Demand: $250,000 during trial
Last Offer: $0
Verdict: Defendant’s verdict