Plaintiff gets $75,000 in lawsuit against podiatrist

NewsBot · Sep 14, 2007

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The Courier Press are reporting:
Plaintiff gets $75,000 in lawsuit against podiatrist

A jury has awarded $75,000 in damages to a woman who alleged in a lawsuit that an Evansville podiatrist improperly performed an “unnecessary” surgery on her foot.
Mary D. Miller and her husband Ernest filed the lawsuit against Dr. Thomas K. Hupfer of the Evansville Foot and Ankle Center, alleging he performed an “unnecessary surgery” on her right heel in April 1998.
Six jurors deliberated for nearly six hours Thursday before delivering a verdict in Vanderburgh Superior Court Judge Wayne Trockman’s courtroom.
During the trial, attorneys for Miller, an elementary school cook, said the surgery resulted in scar tissue that continues to cause her pain and discomfort.
Attorney Robert John said a medical review panel ruled unanimously in favor of Miller. Plaintiffs are required by law to submit proposed medical malpractice claims to a medical review panel before the claims can be pursued in court.
But defense attorney Clay Edwards said evidence would show nonsurgical treatment did not work.
Miller first went to see Hupfer in January 1998 complaining of pain in her right heel that would shoot up to her ankle.
In April 1998, Hupfer performed surgery to remove the spur.
By August, Miller reportedly returned to work, but told Hupfer she was experiencing tightness in the back of her foot.
This trial marked the second in recent months where Hupfer was defendant in a civil case: A jury ruled in his favor in July in a case where a former city employee alleged he’d improperly and unnecessarily operated on her.
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