SBH Attorneys Greta Powell and Sarah Knoll Defend Podiatric Surgeon

SBH partner Greta Powell and associate Sarah Knoll successfully defended a podiatric surgeon at trial. The case involved a 48-year-old patient with a longstanding history of progressive arthritis in her great toe who underwent a cheilectomy and placement of a synthetic cartilage implant in an effort to preserve joint motion and alleviate pain. The plaintiff alleged the patient was not an appropriate candidate for the procedure due to the presence of sesamoid arthritis and that a conservative course of treatment should have been pursued. The plaintiff further alleged the implant was improperly placed and the defendant failed to adequately inform the plaintiff of the risks and alternatives associated with the procedure. The plaintiff claimed these alleged failures resulted in continued pain, additional surgical intervention, including a subsequent fusion procedure, and permanent limitations in the function of her great toe. The defense argued the plaintiff was appropriately selected for a joint-sparing procedure given her longstanding, progressive arthritis and the extent of cartilage deterioration within the joint. The defense presented evidence the plaintiff was counseled regarding her treatment options, including the possibility of a future fusion procedure, and the risks and potential limitations of the proposed surgery. The defense further demonstrated the procedure was performed appropriately and the implant represented a reasonable treatment option intended to preserve joint mobility and relieve arthritic pain. The defense emphasized the plaintiff's underlying degenerative arthritis was progressive and continued symptoms or the eventual need for fusion did not establish negligent patient selection, improper surgical technique, or inadequate informed consent. The plaintiff asked the jury to award over $2 million in damages. The jury returned a verdict of not guilty. The case was tried in Cook County Circuit Court before The Honorable Bridget Hughes.