Pretzel & Stouffer

Defense Verdict for Orthopedic Surgeon's Ankle Fracture Repair

Brian Henry and Sommer Luzynczyk obtained a jury verdict for an orthopedic surgeon who repaired a fractured ankle and who was criticized by the subsequent treating ankle specialist. The plaintiff argued that the orthopedic surgeon fixated the medial malleolus fragment in such a way that the fragment impinged and closed down the medial clear space which resulted in lateralization of the talus and destabilized the ankle joint. The defendant orthopedic surgeon and the defense orthopedic expert explained to the jury that the destabilization of the plaintiff’s ankle was caused by the ankle specialist who, during a subsequent surgery, removed and discarded the fractured medial malleolus fragment before it had the opportunity to heal and removed the syndesmotic screws before the syndesmotic ligament had an opportunity to heal and without testing the syndesmotic ligaments.

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