John Toth and Robert Hoard Receive a Wayne County No Cause Jury Verdict in a Medical Malpractice Case Involving a Surgical Fixation of a Fracture
On January 14, 2016, a Wayne County jury returned a defense verdict on behalf of a podiatrist and the hospital where it was alleged that the internal fixation of a trimalleolar fracture was improperly done resulting in a permanent malunion/malposition of the ankle joint in a 50 year old postal carrier. At trial, through the use of serial x-rays and a CT scan, it was established that the surgery was performed in accordance with the standard of care and that any residual complaints were due to the plaintiff’s failure to appropriately follow up along with the nature of the initial injury. The demand before trial was 400,000. The demand to the jury was 1.2 million dollars. The jury returned a No Cause Verdict within two hours.