A 33 year old roofer fell from a scaffold and severely fractured his lower right leg. He was taken to an area hospital where he was diagnosed with a pilon fracture of the tibia and a comminuted fracture of the fibula. He underwent an open reduction, internal fixation procedure by the defendant doctor. He had no loss of sensation when presenting at the emergency room, but after the surgery he was diagnosed with numbness on the bottom of his foot, which indicated an injury to the posterior tibial nerve.

Two days later the patient/client developed a fracture blister that became infected. The infection site was over the metal implants. Within a couple of weeks the infection progressed to a full thickness eschar. The patient/client had complete nerve death of the untreated nerve compression and lost sensation on the bottom of his injured foot.

The infection, likewise was not treated and went on to be osteomyelitis or bone infection. With the nerve injury and infection uncontrolled, the client's leg was amputated below the knee.

The jury awarded the client $2,812,000.00.