Facts

Plaintiff, then 18 years old, presented to defendant Garey Weber, D.P.M., for diagnosis and treatment of deformity of his big toes, which caused each toe to be significantly crooked, disabling pain, and ingrown toenails. Dr. Weber recommended and performed an Akin osteotomy on each big toe to correct the alignment of the toes.

Plaintiff filed a suit claiming that Dr. Weber was negligent in his recommendation and performance of the surgeries and that he failed to obtain informed consent.

PLAINTIFF'S CONTENTIONS:
Plaintiff contends he has ongoing discomfort and shortening of the toes due to the procedures.

DEFENDANT'S CONTENTIONS:
Dr. Weber contended that the recommended surgery was a standard procedure in the community to treat plaintiff's deformity and one that he had performed thousands of times in his career. He successfully performed the surgery, however plaintiff failed to follow the post-operative instructions which led to the second surgery. Ultimately, plaintiff healed well after the second surgery and Dr. Weber successfully corrected the positioning of plaintiff's toes.

Injuries

Plaintiff claimed lifelong pain and discomfort in his toes as well as the need for orthotics.

Result

Defense verdict. The jury returned a 12-0 verdict in favor of Dr. Weber, finding that Dr. Weber complied with the standard of care in recommending and performing the surgeries and that he had obtained a fully informed consent for both surgeries.

Other Information

FILING DATE: March 6, 2012.

Deliberation

45 minutes

Poll

12-0 (standard of care), 12-0 (lack of informed consent for two surgeries)

Length

seven days