Jason Rubin obtained a $2 million settlement in a medical malpractice case involving a 62-year-old man who was required to undergo a leg amputation due to negligent management of his peripheral vascular disease. Plaintiff presented to a vascular surgeon with complaints of pain after walking (intermittent claudication) and, after doing some basic studies, the defendant physician recommended angioplasty and stenting of the blood vessels in his leg. After undergoing this procedure, he did well for a short time but thereafter developed pain with walking again. The defendant vascular surgeon recommended a test known as an ABI/PVR to rule out stent occlusion, but the test was not ordered by the hospital staff until months later. In the interim, plaintiff developed critical limb ischemia and was required to undergo a leg amputation.
Jason claimed that the vascular surgeon was negligent in not prescribing a course of conservative therapy (i.e. exercise therapy, smoking cessation program, medication regimen) prior to performing the angioplasty/stenting procedure, as required by established guidelines. He also claimed that the ABI/PVR study should have been performed right away, which would have revealed stent occlusion and should have led to further surgery to remove the blood clot causing the occlusion. The defense contended that plaintiff likely would have lost his leg regardless of the defendant’s treatment due to underlying comorbidities and due to the fact that plaintiff continued to smoke cigarettes after the stent procedure.