Reminger Secures Unanimous Defense Verdict in Favor of Orthopedic Surgeon

Reminger attorneys Susan Blasik-Miller and Shannon Bockelman secured a unanimous defense verdict for a foot and ankle orthopedic surgeon in a case involving an ankle fusion surgery. Pre-operatively, the surgeon felt pulses in the 59 year-old-patient’s foot, indicating adequate blood circulation to undergo surgery. The fact he felt pulses, however, was not documented in the medical chart. The patient had the surgery but after several weeks, he developed a deep infection that ultimately led to a below the knee amputation. The plaintiffs claimed that this patient was high risk given his 40-year smoking history and diabetes and therefore, the surgeon should not have relied only on palpable pulses but rather, ordered an arterial duplex test which was “safe, simple, cheap, and readily available.”  Had the additional test been ordered, it would have shown the occluded femoral artery and the ankle fusion surgery would not have gone forward.

Blasik-Miller and Bockelman presented expert testimony supportive of the fact that palpable pulses are standard of care for determining whether there is adequate perfusion and further, the amputation was the result of infection unrelated to circulation. 

After approximately three hours of deliberation, the jury returned with a unanimous verdict in favor of our client.