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$850,000 Confidential Settlement

$850,000 Confidential Settlement

Type of Case: Medical Malpractice

Attorneys: William B. Kilduff, Christopher L. Spinelli

Summary: The plaintiff, 60, was treated by the defendant surgeon for long-standing right knee pain. She had a complex medical history that included a left knee arthroplasty two years prior. Her height was 4’9”. The defendant determined that she was a candidate for a right knee arthroplasty and she was cleared for surgery.

At the time of the arthroplasty, the defendant surgeon selected the knee replacement device. The device’s tibial portion comes in multiple sizes, divided into a macrotray, a standard tray with multiple sizes, and a microtray, depending on the size of the tibia at issue. It was alleged that the defendant did not ensure he had the appropriate trays readily available, and only had the standard tray in the OR. The defendant proceeded with the surgery anyway, in the process fracturing the posteromedial tibial condyle. At that point, the defendant needed both a smaller tray and a long-stemmed cemented tibial component to accommodate the fracture, neither of which he had on hand.

The defendant surgeon then had the patient extubated pending the arrival of the necessary component parts. Upon their arrival, he then re-intubated her to complete the right total knee replacement.

Over the course of the next year, the patient suffered severe pain in her right knee and shin, caused by the long-stemmed component which was made necessary by the fracture. Accordingly, she underwent a revision surgery at that time, and her recovery thereafter was favorable.

The plaintiff alleged a failure to template her knee prior to surgery and a failure to adequately plan prior to surgery. The defendants argued that the first tibial implant was appropriately sized for the patient and that intraoperative fractures are known risks of the procedure.

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The service was nothing less than but professional top tier communication here I loved how I was treated here I would recommend them to anyone I know who’s looking for a lawyer cause my team was the best here from beginning to the end made me feel like family my opinion matter they had my back all the way and my best interest thank you guys so much.

Keenya M.

From beginning to end it was great knowledge of resources, teamwork and patience from E & K that built an indisputable case. Their knowledge and hard work while constantly preparing for trial lead to the insurance company realizing they had no recourse. Skilled negotiation lead to an acceptable settlement following my car accident with disputed liability. Highly recommended!

Randy. S

I am beyond grateful to Emroch and Kilduff for helping me with my accident injury case. William Kilduff and Anna Martin went above and beyond to get me the maximum amount for my case. They cared about me as a person, listened to my concerns, offered expert advice, and kept me updated throughout the process. I can’t say enough grate things about this law firm. If you want legal representation that’s going to put YOU first and go above and beyond for you, look no further than Emroch and Kilduff!

Christina S.

From my first appointment with this law firm I have been greeted friendly and professionally. My case was handled with my best interest to get compensation that was satisfactory to me in all areas involved for the service I trusted them with. I would definitely use them again if needed.

Deborah T.

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If you have been injured because of someone elses negligence, contact one of our experienced personal injury lawyers for a free consultation. For your convenience, Emroch & Kilduff has two office locations in Virginia: Richmond and Tappahannock.

Contact our offices today online or by calling (804) 358-1568 to schedule a free consultation, discuss the details of your injury, and determine the best path forward given your individual circumstances.

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The personal injury attorneys of Emroch & Kilduff specialize in cases involving: medical malpractice, burn injuries, spinal cord injuries, paralysis, loss of limb, wrongful death, truck accidents, car accidents, motorcycle accidents, and defective products. The information provided in this website is offered for informational purposes only. It is not offered as and does not constitute legal advice. No attorney-client relationship will begin until after a contract has been agreed upon between Emroch & Kilduff, PLLC and the potential client.