In the summer of 2011, Naulty, Scaricamazza & McDevitt partner Robert E. Dillon obtained two medical malpractice defense verdicts while representing his clients in Delaware and Montgomery Counties in two podiatry matters.
On June 16, 2011, a jury in Delaware County found that the defendant podiatrist was not negligent in the care and treatment of a foot fracture sustained by the plaintiff. The plaintiff alleged that the defendant podiatrist failed to offer a surgical treatment for a Lisfranc foot injury and that this resulted in: a significant foot deformity, decreased mobility and significant pain for the plaintiff. On behalf of the defense, Robert countered that the patient had several non-displaced fractures of the metatarsals that healed and that the Lisfranc joint was not displaced and therefore did not require surgery. The case was tried before Judge Pagano from Monday, June 13, 2011 through Thursday, June 16, 2011.
On August 4, 2011, a Montgomery County jury found that the defendant podiatrist was not negligent in the performance of a surgery to treat a juvenile hallux valgus deformity. The plaintiff alleged that a significant deformity followed the surgery on three bones in the foot. Additionally, the plaintiff alleged that too much bone was removed; thereby, causing the displacement of the toes and significant contractures. The plaintiff also alleged that the resulting deformities were permanent, caused the plaintiff pain and a decrease in activity. The defense countered that the initial deformity, which was severe, was corrected with a minor complication causing some contracture to the second toe. Robert then argued that this complication could have been corrected with a minor procedure that was recommended, but rejected by the patient. The case was tried before Judge Corso from Monday, August 1, 2011 to Thursday, August 4, 2011.