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$475K Med Mal Verdict in Camden
DeWees v. Berlin: A Camden County jury returned a $475,000 verdict on April 18 in a medical malpractice suit over faulty foot surgery.
According to the suit, Patricia DeWees of Collingswood consulted Haddon Heights podiatrist Jennifer Berlin after experiencing pain in her right foot during long walks. Berlin diagnosed DeWees with deformities in the bones of her right foot, including a bunion on the big toe.
On April 19, 2013, Berlin performed surgery on the foot. To repair the bunion, Berlin made a cut in the bone before realigning it, but she realigned it improperly, said DeWees' lawyer, Jared Kasher of Kasher Law Group in Cherry Hill. As a result, in ensuing months, the big toe began to curve upward, causing discomfort and making it difficult for DeWees, now 66, to put her shoes on, Kasher said.
DeWees visited another podiatrist and underwent two revision surgeries, but the big toe still has limited movement, and she is restricted in how much she can walk, according to Kasher.
DeWees' suit claims Berlin breached her duty of care by improperly realigning the bone during surgery.
The case was tried over two weeks before Judge Donald Stein in Camden County Superior Court. At trial, according to Kasher, Berlin presented testimony from three podiatrists who said the bone was put in the right place during surgery, but healed improperly. But, he said, that assertion was contradicted by x-rays of the foot after surgery.
The jury determined by an 8-0 vote that Berlin deviated from the accepted standards of care, and that her deviation was a proximate cause of DeWees' injuries. The jury awarded $450,000 to DeWees and $25,000 to DeWees' wife, Bette Jean Gaskill, for loss of consortium.
The lawyer for Berlin, Charles Koernig of Kaufman Borgeest & Ryan in Cherry Hill, did not return a call about the verdict.
— Charles Toutant
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