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Staten Island jury clears resident podiatrist of causing complex regional pain syndrome

The 35 year-old male plaintiff injured his right foot while running down steps and falling in May 2010. Initially diagnosed with a third metatarsal base fracture, he was placed in a splint and Cam walker boot. Fracture was eventually ruled out, and during a follow-up visit a Jones Compression Bandage was applied by a resident and another podiatrist who had just completed his residency. The plaintiff alleged that the bandage was applied too tightly and that it was placed by the resident alone, without supervision. Plaintiff’s claim that the bandage caused a compressive injury to the right tibial nerve and disabling CRPS was supported by the testimony of his treating podiatrist, treating pain medicine physician and an examining neurologist. Plaintiff’s version of events and the testimony of his treating doctors were discredited on cross-examination, and the jury returned a unanimous verdict soon after beginning deliberations. This was Mr. Gerspach’s 44thvictory in his last 46 verdicts taken.

Categories: Defense Verdict
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