Professional Negligence Law Reporter

Julie Shaw had a painful bunion on her right foot. She consulted podiatrist Michael Gentile, who recommended an Evans calcaneal osteotomy. When Shaw experienced persistent foot pain after the procedure, Gentile ordered X-rays. He told her that all was well and that she had healed. More than a year after the surgery, a CT scan revealed a displaced fragment from the osteotomy and a nonunion of bones. Shaw has had three additional surgeries in an attempt to correct the condition.

Shaw sued Gentile and Portland Food and Ankle Institute, alleging that the podiatrist had incorrectly interpreted presurgical imaging and wrongfully recommended the osteotomy. Suit also claimed the defendant negligently performed the surgery, which was not medically indicated. The plaintiff claimed past medical expenses of more than $110,000.

The jury awarded $3 million.

Citation: Shaw v. Gentile, No. 22CV19558 (Or. Cir. Ct. Multnomah Cnty. June 18, 2024).

Plaintiff counsel: AAJ member W. Keith Dozier, Lake Oswego, Ore.