August, 2024
Joshua Davis and Scott Burroughs successfully defended a board-certified vascular surgeon against claims of medical negligence in Jefferson Circuit Court in Louisville, Kentucky. Plaintiff alleged that the vascular surgeon was negligent in performing a microphlebectomy procedure allegedly resulting in permanent damage to the peroneal nerve causing foot drop. Davis and Burroughs presented evidence that the surgery was not performed in the area where the nerve is most superficial, and notwithstanding, the surgical technique and the tools used in such a procedure would have made it exceedingly unlikely for the peroneal nerve to have been directly injured during the procedure. They further presented evidence that the timing of the manifestation of Plaintiff’s foot drop several days after the procedure was not consistent with Plaintiff’s theory of a direct injury to the nerve during the procedure. The defense also presented evidence that the constellation of multi-nerve deficits present for the Plaintiff could not have been caused by a direct surgical injury to the peroneal nerve at the fibular head as Plaintiff alleged. The jury returned a unanimous defense verdict after deliberating for just over half an hour.