Another defense verdict for Jay Rappaport and ARFD client
Congratulations to Jay Rappaport and his litigation team for another successful defense of an ARFD client! The case was tried in New York County and involved claims that ARFD’s client, an orthopedic surgeon, failed to properly diagnose and treat a subluxation of bones in the plaintiff’s foot, and negligently advised the plaintiff to weight bear on the subject foot, resulting in the development of arthritis and need for surgery. Jay effectively established on cross-examination of the plaintiff and the plaintiff’s expert that a prior injury was so consequential that it would have led to arthritis regardless of the care rendered but, nonetheless that there was no failure to diagnose a subluxation during the defendant’s care, nor was there any credibility to the claim that the defendant encouraged the plaintiff to weight bear on the foot. It took the jury less than 20 minutes to find for the defendant.