April, 2022
David Strite and Ben Weigel successfully defended an orthopedic surgeon against claims of medical negligence of breach of the surgeon’s statutory duty to provide informed consent in Fayette Circuit Court. Plaintiff alleged that a sciatic nerve palsy was caused by an intraoperative leg length revision that plaintiff contended was unnecessary. Strite and Weigel countered that the leg length revision was appropriate under the circumstances, that the surgeon provided appropriate informed consent and that the nerve injury was an accepted complication of the procedure. The defense was supported by a former president of the Association of Bone and Joint Surgeons. The jury unanimously rejected the plaintiff’s $2.3 million claim after one hour of deliberation.