Jury Clears Podiatrist in Risi Foot Surgery Malpractice Case
Table of Contents
Case Background
The lawsuit arose after Peter Risi, a resident of Cheshire, Connecticut, sought treatment for long-standing heel pain that had troubled him for over two years. On June 25, 2019, he visited podiatrist Dr. Jonathan Key at Connecticut Foot and Ankle Associates in Woodbridge. Dr. Key diagnosed him with plantar fasciitis and recommended surgery.
On August 8, 2019, Dr. Key performed a radical plantar fasciectomy at the Middlesex Center for Advanced Orthopaedic Surgery. After waking from surgery, Risi reported immediate numbness along the outer portion of his right foot. In the months that followed, his symptoms spread. He complained of numbness in his fifth toe, tingling, swelling sensations, and eventually pain that radiated up his leg to his knee and lower back.
Risi and his wife, Rebecca, filed suit in November 2020, alleging negligence in Dr. Key’s surgical care and seeking damages for permanent injury, medical costs, and loss of marital companionship.
Cause that led to the dispute
The Plaintiffs argued that Dr. Key departed from accepted medical standards by performing an unnecessary radical fasciectomy and by removing too much of the plantar fascia. They also claimed he damaged both the lateral and medial plantar nerves during the procedure.
Their complaint asserted that Dr. Key’s actions caused persistent numbness, muscle atrophy, altered gait, severe lumbar pain, and permanent impairment of Peter’s right foot and leg. They alleged that Connecticut Foot and Ankle Associates bore responsibility as Dr. Key’s employer.
Rebecca Risi brought her own claims for loss of consortium, arguing her husband’s condition deprived her of comfort, care, and companionship.
The defense, represented by Heidell, Pittoni, Murphy & Bach, denied negligence. They admitted only that Dr. Key provided care and ordered tests, including MRIs in July and December 2019, but rejected allegations of surgical error or nerve damage. They argued that Peter’s ongoing symptoms stemmed from pre-existing issues, natural complications, or factors unrelated to the surgery.
Injury
Peter Risi described a cascade of complications following the August 2019 operation. He developed persistent numbness from his foot to the back of his knee, tingling sensations, severe lower back pain, and difficulty walking. An MRI later revealed a stress fracture in his third metatarsal, while an EMG study showed signs of tibial mononeuropathy.
Doctors warned his condition was permanent, leaving him with reduced mobility, ongoing pain, and diminished quality of life. He testified that even simple daily activities became burdensome. Rebecca Risi recounted the toll on their marriage, citing the emotional and physical distance brought on by her husband’s injuries.
Damages
The Plaintiffs sought damages in excess of $15,000. Their claim covered medical expenses, rehabilitation, lost wages, diminished earning capacity, and compensation for physical pain and emotional suffering. Rebecca’s loss of consortium claim aimed to recover for the erosion of her husband’s companionship and shared life.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Peter Risi | Rebecca Risi
· Counsel for Plaintiff(s): Pamela L. Cameron
· Experts for Plaintiff(s): Howard Shapiro | Brian Polesuk | Nathan Carberry | Christopher Yardan
Defendant(s):Dr. Jonathan Key, D.P.M. | Connecticut Foot and Ankle Associates, Inc.
· Counsel for Defendant(s): Blaine J. Bruner | Heidi M. Cilano
· Experts for Defendant(s): Edwin W. Wolf | Eric Kosofsky | Deena Kuruvilla | Noah Chinitz
Claims Asserted
Plaintiffs’ counsel argued Dr. Key performed an overly aggressive and unnecessary surgery that went beyond accepted practice. They stressed that Peter had never experienced numbness before the procedure, and his immediate post-surgical symptoms showed the damage stemmed directly from the operation.
They pointed to the EMG findings, which revealed nerve injury consistent with surgical trauma, and insisted that the MRI results and medical expert reviews supported negligence.
Defense Argument
Defense counsel countered that plantar fascia surgeries carry inherent risks, including nerve irritation and post-operative pain. They argued that Dr. Key followed accepted standards, ordered proper imaging, and monitored Risi’s progress through follow-ups. They denied removing excessive fascia or causing direct nerve damage.
They also suggested that some of Peter’s later symptoms, such as lumbar pain and altered gait, could not be traced back to the August 2019 surgery.
Jury Verdict
The trial took place in New Haven Superior Court. On October 29, 2024, the jury returned its verdict.
The panel found in favor of the Defendants, Dr. Jonathan Key and Connecticut Foot and Ankle Associates, on all counts. They concluded that the Plaintiffs had not met their burden of proving negligence or causation. As a result, neither Peter nor Rebecca received damages.