Back v. Orthopaedic Physician

  • Circuit Court of Cook County, Illinois (Duncan-Brice)03/03/2006
    Counsel: Mark M. Burden
    Client: Defendant Physician
    Outcome: Defense Verdict


The 58-year-old plaintiff slipped and fell fracturing her left tibia. The firm’s client attempted to surgically repair her tibia, which was complicated by a prior fracture in the distant past.

The defendant was not able to obtain anatomic alignment and there was some angulation or varus deformity in her left tibia after the surgery. The plaintiff continued to follow with the defendant for four months after surgery and seemed to be doing well.

After the plaintiff left the defendant’s care, her left tibia went into further angulatory deformity which then required a subsequent surgical repair. Plaintiff claimed that the defendant negligently performed the surgery and negligently failed to recommend a corrective surgery in a timely fashion.

At the time of trial, plaintiff claimed that she was restricted to a wheelchair because of our client’s alleged negligence. The plaintiff asked the jury to award $2 million.

The jury deliberated for approximately 40 minutes before returning a verdict in favor of the defense.