In a medical malpractice lawsuit filed in Oakland County Circuit Court, plaintiff Alice Collins sought economic and non-economic damages from defendants Harvey M. Lefkowitz, D.P.M., P.C. (d/b/a Michigan Foot and Ankle, P.C.), and Dr. Anthony Giordano following bunion surgery.
On July 6, 2006, Giordano, who was an independent contractor in Lefkowitz’s employ at the time, performed a lapidus bunionectomy on Collins at Southeast Michigan Surgical Hospital. During the procedure, Giordano cut into an adjacent bone on the patient’s left foot with a saw.
The cutting of this bone, which was the second metatarsal base, resulted in a fracture of a portion of the second toe. By Sept. 12, Collins was diagnosed with delayed union of the fracture of the second metatarsal base, and also there was bone loss. At post-operative visits, she complained of continuing severe pain in her left foot to Giordano.
Such trauma to the bone of the second metatarsal base resulted in Collins developing Reflex Sympathetic Dystrophy, and, it was contended, represented a deviation from the standard of practice.
Giordano’s testimony illustrated that he possessed knowledge not only of there being a fracture at the base of the second metatarsal, but also that there was delayed union of that fracture with bone loss, and failed to share it with Collins. Defendant asserted that such risks are common.
The jury found for the plaintiff, and awarded $27,000 in past economic damages, $25,000 in past non-economic damages, and $63,000 in future non-economic damages.
Type of action:
Type of injuries:
Broken bones, nerve injury
Name of case: Collins v. Lefkowitz, et al.
Oakland County Circuit Court;
08-096471-NH; April 26, 2010
Tried before: Jury
Name of judge: Daniel P. O’Brien
Name of mediator: Peter Bender
Highest offer: $40,000
Verdict amount: $115,000
Most helpful expert:
Dr. Mark Lombardo, podiatrist, Ocoee, Fla.
Attorney for plaintiff:
Michael G. Heilmann
Attorney for defendant:
John W. Crimando