Do no harm. Every doctor swears by this Hippocratic Oath. However, when a podiatrist came across a partial tear of a posterior tibial tendon, he saw a pay day opportunity rather than a patient in distress. He skipped informing his patient — a 38-year-old hospital administrator — of conservative management options and sent her straight to the surgical table, where he added on two more operations without her consent. Not only were the surgeries unnecessary, but he also botched the tendon repair by suturing through her nerve. He also left a tourniquet on for too long, heightening her risk for nerve damage. The patient was sent home in extraordinary pain, as she had unknowingly been subjected to a double-crush injury. The nerve damage then developed into complex regional pain syndrome (CRPS), which became so severe she elected to have her entire leg amputated.
When the victim first spoke to the podiatrist, she rated her pain as 1/10. After her surgeries, it shot to 10/10. Her agony became so intense that even a small breeze caused her foot to burn as if it had been lit on fire. She could not bear to wear any clothing on her leg, nor could she touch her own foot without being tormented. She called the podiatrist 38 times seeking help; he dismissed the pain as normal. The overwhelming misery left her debilitated, so she sought the only relief available to her: amputation. However, an infection in her leg spread, and two more amputations removed her entire lower leg and knee. For the next 40-50 years, she’ll be dependent upon wheelchairs, a prosthesis, and attendants, while her home required renovations to accommodate her permanent disability.
Due to the case’s complexity, the woman’s lawyers referred her to Tyler Thompson and Jordan Stanton, partners at Dolt, Thompson, Shepherd, Conway & Stanton, PSC in Louisville, Kentucky. Since 1952, their firm had focused on personal injury, and Tyler and Jordan were well-versed in medical malpractice cases. At first, they had no idea the Plaintiff’s nerve had been sutured. However, Jordan sensed how genuine the Plaintiff was and knew something must have gone awry. He sent the case to two podiatry experts, but both claimed the podiatrist had acted within the standard of care. Jordan refused to accept that a properly done surgery could have led to his client’s pain and amputation. When he questioned the surgeon who performed the woman’s amputation, the physician revealed he had withheld a key finding in his operative report: not only had the nerve been sutured through, but it had also been incorporated into the repair.
During discovery, Tyler and Jordan found that the Defendant podiatrist’s compensation was dependent upon how many surgeries he performed. They investigated whether the surgeries were unnecessary, given the financial motivation. After questioning experts, they learned that in a female population under 40 years of age, posterior tibial tears could be treated conservatively with a 90% plus chance of healing on its own. As they drilled down into the case, they also discovered the tourniquet was placed in a vulnerable area and had been left on for too long.
Seasoned medical malpractice attorneys represented the podiatrist and the hospital’s practice group. Their strategy involved blaming the client for the nerve damage. They cited the fall the victim took in her kitchen 1-2 weeks after her surgery as being the cause of the CRPS. However, their primary defense involved three experts claiming that the subsequent orthopedic surgeon did not attempt enough conservative management before hastily deciding to amputate her leg. Their experts also attested that the podiatrist had met the standard of care, and that the Plaintiff’s nerve damage was a recognized complication of the procedure.
To counteract these claims, Tyler and Jordan brought on a small army of experts, including the orthopedic surgeon, a podiatry expert, a pain management expert, a radiologist, a life care planner, a prosthetic expert, and an economist. They also enlisted the medical animation expertise of DK Global, which they had worked with over the past 6-7 years. DK Global collaborated with the orthopedic surgeon and the radiologist to create an anatomically correct 3D recreation of the surgeries. Tyler and Jordan knew that if the case proceeded to trial, they needed visuals that would leave no doubt in the juror’s minds of the podiatrist’s medical negligence. As part of their preparation, they showed the animation to multiple focus groups. The groups’ strong and consistent feedback gave Tyler and Jordan the confidence to reject tempting settlement offers and head to trial to secure the case’s true value.
The DK Global demonstrative listed the Plaintiff's diagnoses and procedures and showed radiographs of the tibial tendon. The video cut to a 3D animation of the Plaintiff lying upon a surgical table. It followed the surgical procedure and showed the scalpel carving through layers of tissue to expose the tendon. Meanwhile, captions elucidated each step of the surgery. To better demonstrate the surgical site, the animation focused solely on the skeleton and the relevant nerves and tendons. The camera zoomed in on the threading of the suture material and the moment when the nerve was pierced then woven into the repair. The areas of injury flashed red while the captions detailed her neuropathic pain history. The video cut to a timelapse recreation of the patient on the bed with the tourniquet in place. The final section explained the causes and symptoms of CRPS by showcasing a 3D model of the Plaintiff and her full nervous system.
The judge set a deadline for negotiations, but because of the resounding feedback from their focus groups, Tyler and Jordan were set on taking the case to trial. In the meantime, they demanded the policy limits be paid out and waited for the Defense to come to them. As the deadline approached, the Defense repeatedly came forward with new and better offers. Eventually, they offered an amount that the client said she was happy with. While the settlement amount was confidential, it was reported as the largest settlement in that county's history. After four years of litigation, the Plaintiff finally felt she was able to shine a light on the wrongs that had happened to her by the podiatrist.
Tyler Thompson, a partner at the Dolt, Thompson, Shepherd, Conway & Stanton, PSC, has obtained multiple million-dollar verdicts, including some of the largest verdicts in the state of Kentucky. He was named as one of the Top Ten Attorneys in Kentucky on multiple occasions by Super Lawyers Magazine. In 2008, he became a member of the Inner Circle of Advocates, an invitation-only trial lawyer organization limited to only 100 lawyers in the United States. He previously served as President of the Kentucky Academy of Trial Attorneys (now known as the Kentucky Justice Association). His memberships have included the International Academy of Trial Attorneys (invitation-only, limited to 500 lawyers in the world) and the American College of Trial Lawyers.
Jordan Stanton, a partner at Dolt, Thompson, Shepherd, Conway & Stanton, PSC, has devoted the entirety of his practice to representing those who have been catastrophically injured. Since joining the firm in 2017, he has recovered over $130,000,000 on behalf of his clients. He received membership to the National Trial Lawyers Top 40 Under 40 for five years straight. Since 2020, he has been recognized as a Super Lawyers Rising Star, and he has been named to Best Lawyers in America: Ones to Watch in the areas of medical malpractice law and personal injury litigation since 2021.
