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Daniel G. Federico Wins Defense Verdict on Behalf of Surgeon
June 2017
DCSF Partner Daniel G. Federico recently secured a unanimous defense verdict on behalf of a Board Certified Orthopedic Surgeon in a trial involving bilateral joint arthroplasty. The case, tried to verdict in Supreme Court, Kings County, involved allegations that the defendant doctor was negligent in performing bilateral total knee replacement surgeries on the 54 year-old plaintiff.
Plaintiff had a history of diabetes, hypertension, osteoarthritis and had undergone three prior arthroscopic surgeries to both knees. She claimed that as the result of the bilateral knee replacements, she was caused to develop stiffness and flexion contractures in both knees, requiring three further revision surgeries and one operative manipulation under anesthesia. Plaintiff claimed that she was no longer able to work and carry out her activities of daily living, including the ability to sing with a Philharmonic choir.
The defense demonstrated to the jury that the plaintiff’s ongoing problems were the result of the unforeseen development of excessive scarring (arthrofibrosis) in the knee joint, a condition that was neither able to be prevented nor predicted, preoperatively. Further, the defense argued that the bilateral surgeries were appropriately performed together, given the extensive limitations plaintiff had in both knees. The defense displayed anatomical models of the knee to the jury together with computer generated demonstrative evidence during trial. The jury deliberated for fewer than sixty minutes before reaching its unanimous verdict in favor of the defendant doctor.
