Ron Herbert Obtains Defense Verdict in Orthopedic Surgery Case in Fredericksburg
On July 30, 2021 following a four day trial, a Fredericksburg jury returned a defense verdict in favor of an orthopedic surgeon and the surgeon’s practice represented by Mr. Herbert. The case involved a tri-malleolar ankle fracture repair in a 42 year old mentally disabled woman. Within six months of the initial surgery by the defendant surgeon, the surgical repair failed to heal requiring a subsequent revision surgery by another orthopedic surgeon (which also failed) and ultimately led to an ankle fusion surgery. Plaintiff alleged the initial repair of the fracture was negligently performed, requiring the subsequent repair and fusion surgeries and causing Plaintiff to suffer permanent loss of range of motion and significant arthritis. Plaintiff’s standard of care experts included two foot and ankle specialists, one of whom was the subsequent treating surgeon who performed the ankle fusion. Plaintiff claimed $200,000 in medical bills, $109,000 in future medical expenses and asked for $1.15 million in pain and suffering during closing.