On November 27, 2024, Charles Faillace secured a unanimous defense verdict before Judge Genine Edwards of the Supreme Court of Kings County.  In this podiatric malpractice action, plaintiff claimed that the defendant podiatric surgeon negligently performed a bunionectomy and correction surgery, which allegedly led to gait disturbance, non-union of the first metatarsal, short first metatarsal, and the need for future surgery. Plaintiff’s counsel argued that the defendant podiatrist departed from accepted practice by negligently performing the bunionectomy and failing to provide appropriate post-operative care, which resulted in plaintiff requiring a second surgery and infection.  On summation, plaintiff’s demand was $5 million.

Mr. Faillace successfully refuted this claim by arguing that the defendant had properly performed the bunionectomy, and the fact that the second surgery was performed did not mean that the first surgery was performed improperly.  Mr. Faillace successfully argued that the bunionectomy was performed appropriately and there was no causal relationship between the defendant’s surgeries and plaintiff’s claimed injuries. Plaintiff called a podiatric expert, who testified that the original bunionectomy was performed incorrectly and there was an overcorrection that was not timely appreciated.  The defense podiatric expert opined that there was no issue with the placement of the screw during the first surgery, and it did not, in fact, move, until it was removed by the defendant podiatrist.   After a two-and-a-half week trial, the jury returned a defense verdict in half an hour.  Three departure questions were decided in that time.