$1.125M Jury Award to Woman in Foot Surgery Med Mal Case

October 11th, 2017

By Dean I. Weitzman, Esq.


A former runner was awarded a $1.125 million verdict after a jury ruled that her doctor had been negligent by not receiving her informed consent before removing two bones from her foot during a surgical procedure in 2013.

The plaintiff, Elena Benedetti Kline, had undergone a tailor’s bunionectomy and procedure to remove a sesamoid bone in March 2013, but the doctor who performed the surgery instead removed both sesamoid bones in Kline’s left foot, according to an Aug. 31 story in The Legal Intelligencer.

The procedure resulted in the plaintiff developing a claw toe deformity which needed two follow-up corrective surgeries, and then a third surgery to correct a surgical infection, the story reported.

Kline, who alleged that the surgeries left her with permanent scarring and disfigurement and no longer allowed her to run for exercise, sued the doctor who had performed the surgery, Dr. Cory Hawley, and her original doctor, Dr. Lee Cohen, who had referred her to Hawley. In her medical malpractice lawsuit, the plaintiff alleged that both sesamoid bones should not have been removed and that failing to protect her from developing claw toe was a breach of medical standards. She also alleged that Hawley failed to obtain informed consent from her before performing the surgeries.

The victim was 29 years old when the procedures were performed. The case was heard in the Delaware County Court of Common Pleas. After a week-long trial, the jury awarded Kline $562,500 for pain and suffering, $112,500 for embarrassment and humiliation, $325,000 for loss of enjoyment of life and $125,000 for disfigurement.

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These kinds of cases are a somber reminder that patients and their families must be vigilant about the medical care they receive so they know what is being done for a patient’s care every step of the way. But at the same time, patients and families aren’t doctors and they can’t know every question to ask.

That’s where skilled, expert, compassionate and thorough legal representation is needed by patients and their families who have been harmed by medical malpractice and errors or omissions during their treatment. These kinds of cases happen on a regular basis, but they can be fought by legal teams that are prepared to battle for their clients’ rights all along the way to a fair settlement or to a just verdict.

We here at MyPhillyLawyer stand ready to assist you with your legal case if you or a loved one is ever seriously injured in a similar medical malpractice, birth injury or related case anywhere in the United States. We represent the families of victims who die in such tragedies as well, to ensure that their families receive every penny of damages that they are eligible to receive.

Call MyPhillyLawyer at 215-227-2727 or toll-free at 1-(866) 352-4572 anytime and our experienced, compassionate, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.

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