Mark McAndrew and David Schreiber secured a defense verdict

Mark McAndrew and David Schreiber secured a defense verdict in Westchester County Supreme for a VLMM physician client, an Orthopedic Surgeon. 

The Plaintiff, a 45-year-old female, claimed that her left tibial nerve was severely damaged due to improper performance of an Achilles repair, with resection of Haglund's deformity and FHL tendon transfer to support and bolster the strength of blood supply of the Achilles tendon. Plaintiff claimed during trial that the client orthopedic surgeon failed to visualize and protect the left tibial nerve during the operation and transected the nerve, which led to a permanent debilitating nerve injury, that included complete & permanent numbness in the left foot, as well as severe burning pain throughout the distribution of the tibial nerve. A lack of informed consent claim was additionally asserted, and the plaintiff claimed the physician neither explained the indications for surgery, the nature of the surgery, the benefits of the surgery, the alternatives of the surgery, the risks of the alternatives of the surgery, nor any of the risks of the proposed surgery. 

At trial, VLMM trial counsels demonstrated that our client, a Board Certified Orthopedic Surgeon with vast experience inAchilles repair, with resection of Haglund's deformity and FHL tendon transfer to support and bolster the strength of blood supply of the Achilles tendon adhered to the standards of care, applied appropriate technique in identifying &protecting the neurovascular bundle, and properly utilized retractors.  Moreover, we took the position that there was never a transection of the nerve, but rather more likely, a pressure phenomenon that occurred from the appropriate use of retractors, which was a known and accepted complication of the surgery. 

After closing arguments, the jury returned with a Defense Verdict within 30 minutes.