Facts

Plaintiff Vender Fairfax went to defendant Deric Lords, a podiatrist, after suffering from a right ankle sprain and arthritis following a car accident. Plaintiff had previously visited Dr. David Smalley, an orthopedic surgeon, who performed a right ankle fusion. Dr. Smalley inserted three screws into the talas, two in tibia and one from fibula across the tibia. Plaintiff stated that following the fusion his condition improved initially but then worsened because there was an incomplete fusion leaving plaintiff's foot at about 21 to 23 degrees plantarfexion. Plaintiff used a 2-inch lift under his heel to walk. Defendant Dr. Lords recommended that plaintiff's ankle be fixed at a 90 degrees angle by removing some remaining cartilage from the joint and allowing the bones to fuse together.

PLAINTIFF'S CONTENTIONS:
The plaintiff alleged that during surgery, defendant used excessively long screws which went beyond his original ankle joint, and protruded through the subtalar joint into the calcaneus, destroying plaintiff's subtalar joint. The plaintiff experienced immediate pain.

Injuries

The plaintiff suffered from pain in his ankle, hip and back.

Result

The jury entered a verdict for defendant Lord and Lord was awarded costs of $3,579.

Other Information

The plaintiff filed a complaint against Smalley for malpractice in Riverside. Smalley's motion for summary judgment was granted on February 24, 2003. A judgment against plaintiff and for defendant Lord was entered on July 14, 2004 and defendant was awarded $3,579 in costs. The Court of Appeal then reversed the decision based on an expert witness' testimony.