Jury Trial Found Village Podiatry Center Liable for Severed Nerve During Distal Fibular Fracture Surgery

A Fulton County jury awarded $4 million to a woman who suffered a severed superficial peroneal nerve following an open reduction internal fixation surgery performed by Dr. Bryan S. Russell, who was at that time with Village Podiatry Group.

In November 2015, Dr. Russell performed an open reduction internal fixation of a Weber B spiral oblique left distal fibular fracture on Christine Perron at WellStar Paulding Hospital. At her initial post-op examination, Ms. Perron complained of pain in the foot, ankle and calf, as well as nausea, dizziness, light-headedness, and shortness of breath. Examinations that followed revealed pain to Ms. Perron’s distal lateral ankle with fibula, mild pain to the lateral ankle, ecchymosis, and edema. Dr. Russell eventually diagnosed Ms. Perron with complex regional pain syndrome (CRPS).

In February 2016, Ms. Perron sought answers from another expert – Dr. Erroll Bailey of Resurgens Orthopaedics, citing a history of stabbing, burning, numbness, and tingling in her left lower extremity since the surgery performed by Dr. Russell. Dr. Bailey diagnosed Ms. Perron with a superficial peroneal nerve injury caused by either a traction injury or a cut peroneal nerve at the proximal end of the incision.

In July 2016, Dr. Bailey performed surgery on Ms. Perron and removed the painful left fibular hardware, excised a neuroma of the superficial peroneal nerve, and buried the superficial peroneal nerve into the fibular bone in an effort to mitigate Ms. Perron’s symptoms. Dr. Bailey confirmed that Dr. Russell had cut the superficial peroneal nerve during the prior surgery to repair Ms. Perron’s left distal fibular fracture. Dr. Bailey’s office took and preserved photographs of the severed nerve he discovered.

During a trial in late May 2023, a jury found that Village Podiatry Center, as Dr. Russell’s employer at the time of the surgery, was responsible for severing Ms. Perron’s nerve. Because Ms. Perron will live with CRPS for the rest of her life, the jury awarded her $4 million in compensatory damages.

“This is why we trust juries,” stated Lloyd Bell, founding partner at Bell Law Firm. “The jury listened carefully to all the evidence and concluded that Dr. Russell severed the nerve, causing Christine to live with CRPS the rest of her life.”

“The highest offer Christine received pre-trial was $150K,” explained Dan Holloway, a partner at Bell Law Firm. “So, it’s affirming that the jury understood the severity and extent of Christine’s injury. We hope the jury’s decision provides Christine peace and closure as she moves forward.”

Lloyd Bell has over 30 years of trial experience and has recovered hundreds of millions for medical negligence victims, including a record $75M medical malpractice verdict – the largest in Georgia history. If you believe you have a medical malpractice case, contact Bell Law Firm today for a free consultation.

About Bell Law Firm

Bell Law Firm is Georgia’s leading medical malpractice and catastrophic injury firm. Founded in 1999 by Lloyd Bell, the firm has recovered hundreds of millions for clients and families impacted by medical negligence, including a record $75M verdict, the largest in Georgia history. The firm also achieved a record-breaking $26M verdict against a Columbus hospital and a $15M verdict against the largest healthcare provider in Georgia. In addition to delivering record verdicts, Bell Law Firm was awarded “Personal Injury Litigation Team of the Year” and “Most Innovative Law Firm” by The Daily Report. Lloyd is also the only Georgia attorney in the Inner Circle of Advocates, an invitation-only group of 100 leading trial attorneys in the United States. For more information, visit www.belllawfirm.com or listen to Lloyd’s podcast, “Face the Jury.”

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