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Defense Verdict: Conservative Treatment & Post-Operative Injuries Disproved at Trial

December 16, 2014

Senior Partner, Jeffrey A. Shor, recently received a defense verdict in Supreme Court, Nassau County in a case involving a 46-year-old federal air marshal, who underwent a surgical excision of the plantar heal spur and plantar fascia tenotomy performed by the defendant-podiatrist. Post-operatively, plaintiff continued to complain of pain and was subsequently diagnosed with an incomplete stress fracture at the operative site and Reflex Sympathetic Dystrophy and with associated pain resulting in his inability to work and substantial lost earnings.

 

Plaintiff claimed that conservative modalities should have been utilized for a longer period of time before attempting surgical treatment. The defense maintained following a proper informed consent, plaintiff declined conservative measures and opted for surgery. The defense’s neurologist testified that the plaintiff did not possess any of the sign and symptoms commonly associated with RSD.

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