Patrick Sullivan and Tracy Robson v. Terry M. Philbin et al

Case Background

Patrick Sullivan filed a medical malpractice lawsuit against his orthopedic surgeon, Dr. Terry Philbin, from Ohio Foot & Ankle Inc. The lawsuit followed an ankle fusion surgery that led to a below-the-knee amputation. The case was filed in the Ohio Common Pleas Court in Franklin County, with Judge Ed Skeens presiding. The case number was 20 CV 003178.

Cause

On August 29, 2019, Patrick Sullivan, a 59-year-old trucking company owner, underwent ankle fusion surgery. Dr. Terry Philbin, from Ohio Foot & Ankle Inc., performed the operation. Before the procedure, Sullivan’s medical history revealed he was a longtime smoker and had diabetes. During the preoperative evaluation, Dr. Philbin checked Sullivan’s foot and ankle and detected strong pulses. This finding led Dr. Philbin to conclude that Sullivan had sufficient circulation to proceed with the surgery.

After the surgery, Sullivan was discharged and returned to Dr. Philbin for a follow-up appointment on October 18. During this visit, Philbin noticed the infection and referred Sullivan to a hospital. While at the hospital, doctors identified the femoral artery blockage and diagnosed an MRSA infection at the incision site. Counsel argued that the artery blockage contributed to the MRSA infection. Despite multiple wound debridement procedures, the infection did not heal.

Injury

To prevent further spread, doctors performed a below-the-knee amputation on November 5, 2019. Sullivan remained in the hospital for another week and was discharged on November 12. He then began physical therapy and was fitted for a prosthetic limb. In February 2020, Sullivan underwent surgery to address the femoral artery blockage.

Damages

Sullivan reported experiencing phantom pains after the amputation. He also stated that he had to stop riding his motorcycle. Sullivan sought compensation for past medical expenses, as well as damages for his pain and suffering, both past and future. His wife, Tracy Robson, filed a separate claim for loss of consortium.

Key Arguments and Proceedings

Legal Representation

  • Defendant(s): Terry M. Philbin, DO | Ohio Foot & Ankle, Inc. d/b/a Orthopedic Foot and Ankle Center | Laura Rupert, PA-C, ATC | Calvin Joseph Rushing, DPM | John Doe 1-5 | Jane Doe 1-5 | Doe Corporations 1-5
    • Counsel for Defendant(s): Susan Blasik-Miller | Shannon K. Bockelman
    • Experts for Defendant(s): Jeffrey Indes, M.D. | Stephen F. Conti, M.D.

Claims

Sullivan filed a lawsuit against Dr. Philbin and Ohio Foot & Ankle Inc. He alleged that the surgeon failed to meet the standard of care and that the clinic was liable for Philbin’s actions. Initially, Sullivan sued other medical providers, but only Philbin and Ohio Foot & Ankle remained as defendants at trial. Sullivan’s attorneys argued that his smoking history and diabetes made him more vulnerable to a blockage or infection. They claimed that, given these conditions, Philbin should have conducted a pre-surgical ultrasound to confirm adequate blood flow to Sullivan’s foot. Instead, Philbin only checked for pulses before the surgery.

Sullivan’s counsel contended that Sullivan’s femoral artery blockage made him more susceptible to a post-operative infection and decreased his ability to fight said infection.  Counsel concluded that doctors could have then addressed the blockage before Sullivan had the fusion surgery.

Defense

The defense argued that Sullivan had adequate blood flow to his foot and that the infection was unrelated to any circulation issues. They contended that if the femoral artery blockage had significantly affected blood flow, his doctors would have treated it before performing the amputation. Defense attorneys also suggested that Sullivan’s diabetes might have played a role in his inability to fight the infection.

Expert Testimony

Plaintiff’s orthopedic surgery expert, Alan C. League, opined that this method is not sufficient in high-risk patients. The expert also stated that Philbin fell below the standard of care when he failed to document that he felt the pulse. Sullivan’s vascular surgery expert, Sunil S. Rayan, opined that a pre-surgical ultrasound would have shown the blockage.

The defense’s orthopedic surgery expert, Stephen F. Conti, and vascular surgery expert, Jeffrey Indes, each opined that feeling the pulses were sufficient and within the standard of care. The vascular surgery expert further contended that Sullivan had adequate circulation in his foot at the time of the surgery due to well-developed collateral arteries in the leg.

Jury Verdict

On October 4, 2024, an eight-member jury unanimously returned a defense verdict. It was determined that Philbin was not negligent in treating Sullivan.

Court Documents:

Available upon request