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Roanoke jury awards $3.5M for negligent bunion surgery

A Roanoke jury has delivered a $3.5 million verdict for a woman who claimed she was disabled by negligent bunion surgery. The plaintiff, a Clifton Forge resident, blamed her podiatrist for chronic pain so severe that an orthopedist amputated her toes in an unsuccessful effort to relieve the pain.

A review of recent outcomes in podiatric surgery cases fails to show any recovery near the range of the Roanoke verdict. “I’ve certainly never heard of anything close to that,” said Carlyle R. Wimbish III, a Richmond attorney who has defended many podiatric cases. The verdict exceeded the plaintiff’s original demand of $3 million.

The plaintiff is unlikely to ever see the full amount. The Virginia medical malpractice damages cap would reduce the verdict by more than half. The bunionectomy was performed in March of 2003: the applicable recovery limit for that date is $1.65 million.
The special damages exceeded that cap amount. Plaintiff’s lawyer Patrick T. Fennell said that, with past and future medical expenses and lost wages, the claimed specials totaled $2.25 million.

Fennell said his client had demanded $1.5 million. No offer was ever made by the defendant, Troutville podiatrist Jennifer K. Feeny.

Feeny’s attorney, Paul C. Kuhnel of Roanoke, denied any negligence and contended that the plaintiff’s pain condition was not necessarily the result of any negligence.

Roanoke Circuit Judge Clifford Weckstein gave the defense 10 days to file any post-trial motions. “No determination has been made as to whether the defense will appeal,” said Kuhnel.

After the bunionectomy, the plaintiff was diagnosed with “complex regional pain syndrome,” also known as reflex sympathetic dystrophy. She was treated by UVA orthopedic foot specialist Shepard Hurwitz, who ultimately amputated a portion of her foot in an effort to control the pain. “It was a desperate attempt to alleviate some of her pain,” said Fennell.

Fennell described the 49-year-old plaintiff as an active, energetic person who would build barns on her own and who worked on a factory floor. Fennell said the defense did not contest that her foot pain led to total disability.

The plaintiff’s podiatric expert was Ilene S.H. Terrell of Fredericksburg. Dr. Hurwitz, the treating orthopedic surgeon, also testified on the standard of care for the plaintiff. The defense countered with Mechanicsville podiatrist Laurence G. Rubin and orthopedic surgeons William Andrews of Lynchburg and John Bowman of Richmond.

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