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Not guilty verdict for orthopedic surgeon – John Smith and Michael Barry

John Smith and Michael Barry obtained a not guilty verdict for their orthopedic surgeon client following a 7 day jury trial in Cook County.  The case involved an alleged failed hip resurfacing procedure in a young woman, which required conversion to a total hip arthroplasty.  The plaintiff claimed that the resurfacing procedure was contraindicated based on the manufacturer’s instructions on use and documentation from the FDA.  The plaintiff further claimed that the procedure was technically performed inappropriately with malplacement of the two components implanted during the surgery. As of result of the alleged negligence, the plaintiff claimed that she developed a gait disorder resulting in aggravation of her pre-existing back condition, falls resulting in injury to her ankle/foot, chronic pain, and implantation of a spinal cord stimulator.


John and Mike successfully convinced the jury that their client exercised his judgment in recommending the best course surgical option to the patient and that the surgery was technically performed appropriately. 

December 2021