'Expert' says foot frame unnecessary

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'Expert' says foot frame unnecessary

Surgeon, former pro soccer team doctor testifies for plaintiff in

Finley trial

By Hogstrom

http://www.thonline.com/article.cfm?id=183521

A Boston, Mass., orthopedic surgeon testified Wednesday that a

succession of issues would have been avoided if Dubuque podiatrist

Dr. Arnz had avoided his use of a circular frame.

" There would have been no infection of the tibia, and we wouldn't be

here today, " Dr. Awbrey said. A former team doctor for the New

England Revolution professional soccer team, Awbrey was called to

testify as an " expert " witness by attorneys for Day, of

Dubuque.

In a trial before a Dubuque County jury, Day seeks monetary damages

from The Finley Hospital, alleging it was negligent in granting

staff privileges to Arnz. The podiatrist used a circular frame

device in July 2004 to stabilize Day's foot following a surgical

procedure to correct a foot deformity caused by Charcot-Marie-Tooth

disease, a neurological disorder that can cause damage in the

extremities.

Arnz was once a party to the case, but he has since been released

following a confidential settlement.

Awbrey, who testified he actively treats 40-50 patients with Charcot-

Marie-Tooth, said the use of the circular frame was unnecessary,

given the procedure Arnz performed.

Awbrey testified staples were holding in place the parts of Day's

right foot corrected in the procedure Arnz performed. Metal pins

inserted into Day's right tibia held the circular frame in place,

and Awbrey testified the rate of infection can be as high as 80

percent when using a circular frame.

Day subsequently developed osteomyelitis, a serious bone infection

that required four surgical procedures to remove dead bone.

" The exposure of these additional risks (from the pins of the

circular frame) is what led to his osteomyelitis directly, " Awbrey

said.

Awbrey testified it would be unwise to operate on Day's foot or

tibia in the future, because any procedure would run the risk of

reawakening any dormant osteomyelitis.

However, on cross-examination, Awbrey did admit that a leg

amputation could be performed and that this procedure would

eliminate the risk of future osteomyelitis.

Finley's attorney, Connie M. Alt, cross-examined Day, noting that he

failed to include complaints of a bone infection when he applied for

disability status from Social Security in early October 2004.

Day testified that Arnz " had me convinced nothing was out of the

ordinary, so I didn't put it down. "

Alt also noted Day never sought treatment from a hospital emergency

room for an infection in his leg.

" I was told (by Arnz) there wasn't a problem, " Day said.