The plaintiff claimed the defendant failed to attempt conservative treatment prior to performing surgery and performed the incorrect surgery to address the plaintiff’s bunion deformity and arthritic big toe joint causing permanent deformity and need for fusion surgery. Plaintiff argued that defendant’s surgery was doomed to fail because it did not address the plaintiff’s hallux valgus deformity and hallux limitus and a more aggressive surgery was required to address these deformities.  The defense successfully argued that plaintiff’s short first metatarsal made a more aggressive surgery a poor choice and would increase plaintiff’s risk of post-operative complications. Plaintiff’s demand was $750,000.

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