Apr 11th, 2023

FKB’S TRACY S. KATZ SUCCESSFULLY OBTAINS SUMMARY JUDGMENT IN A PODIATRIC MALPRACTICE CASE


FKB’s Tracy S. Katz won a summary judgment motion on behalf FKB’s client, a podiatrist, in a case involving allegations that the podiatrist failed to properly treat the plaintiff’s Charcot-foot (a neuropathic process that results in weakening and fractures of the bones of the feet) resulting a below the knee amputation.  FKB argued that the podiatrist properly offloaded the plaintiff’s foot with a temporary CAM walker and appropriately ordered a CROW boot.  Plaintiff’s counsel opposed the motion with two experts, a podiatrist and a pedorthist who argued that the CROW boot was improperly fitted and negligently manufactured.  FKB successfully argued that despite submitting two expert affidavits in opposition, the experts’ opinions were not sufficient to defeat our motion.   The Court dismissed the action against FKB’s client.