Date: 09-01-2012

Case Style: Cathrine Ramsey v. Steve B. Smith, DPM

Case Number: CJ-2009-7429

Judge: Daman H. Cantrell

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Stephen J. Capron, Capron & Edwards, P.C., Tulsa, Oklahoma

Defendant's Attorney: W. Michael Hill and Tara Perkinson, Secrest, Hill & Butler, Tulsa, Oklahoma

Description: Cathrine Ramsey sued Steve B. Smith, DPM, Jill Jackson Smith, DPM and Metro Tulsa Foot & Ankle on medical negligence (medical malpractice) theories.

The Plaintiff seeks a money judgment against the Defendants for the damages she alleges were caused by the negligence of the Defendants. The Plaintiff also seeks an award of exemplary damages against the Defendants. The Defendants, Steven B. Smith, DPM, and Jill L. Jackson-Smith, DPM, treated Ms. Ramsey from the beginning of 2007 until January 2009. The treatment sought related to various problems with Ms. Ramsey’s right foot, including problems with her nails, posterior tibial dysfunction and, finally in December 2007, a reported trauma to the foot suffered historically in September 2007. A surgical procedure called a tenotomy was performed by Dr. Steven Smith in February 2008. Ms. Ramsey was diagnosed with Charcot joint by Dr. Jill Jackson-Smith in January 2009. Defendants contend that they treated Ms. Ramsey within the standard of care during the years they rendered treatment to her. Defendants deny any negligence and further deny that Ms. Ramsey suffered any damages as a result of their treatment.

Court's Statement of the Case:

The parties to this case were Catherine Ramsey, the Plaintiff, Dr. Steven B. Smith, Dr. Jill L. Jackson-Smith, and Metro Tulsa Foot & Ankle Specialists, PLLC, the Defendants.

Both parties agreed that the Plaintiff, Mrs. Ramsey, sought podiatric treatment from the Defendants, Dr. Steven B. Smith, Dr. Jill L. Jackson-Smith. They also agree that Dr. Steven B. Smith and Dr. Jill L. Jackson-Smith treated Mrs. Ramsey from November of 2005 until January of 2009. Both parties agree that the treatment Mrs. Ramsey sought was related to various problems with her right foot, including a reported trauma to the foot suffered in September of 2007. Finally, the parties agree that Mrs. Ramsey was diagnosed by Dr. Jill L. Jackson-Smith with continuing Charcot Arthropathy in January of 2009.

Plaintiff claimed that she sustained injuries that were directly caused by the negligence and recklessness of the Defendants in one or more of the following respects:

A. The Defendants failed to inform her of her risk of developing Charcot Arthropathy and of alternative treatment options that may have prevented permanent injury to her right foot;

B. The Defendants failed to timely and properly diagnose and treat her Charcot Arthropathy.

Defendants denied that they were in any way negligent or reckless, and that Plaintiff was injured by any act or omission by Defendants.

Defendants also claimed that Plaintiff was contributorily negligent in respect to her injuries.

Court's Trial Minute:

CANTRELL, DAMAN: CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY STEVEN CAPRON. DEFENDANT PRESENT AND REPRESENTED BY MICHAEL HILL. THE JURORS ARE CALLED AND SWORN TO THEIR QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE.

PEREMPTORY CHALLENGES

PLAINTIFF: 3 DEFENDANT: 3

THE FOLLOWING JURORS ARE ACCEPTED AND SWORN TO TRY THE CAUSE:

12 JURORS SWORN

OPENING STATEMENTS ARE MADE. 10 WITNESSES SWORN. RULE WAS INVOKED. REPORTER ANN FITE. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEFENDANT ASKED FOR DIRECTED VERDICT AND IS DENIED. THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 4:02 PM THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 7:35 PM THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT, WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS, TO WIT: “WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE DO UPON OUR OATHS FIND THE ISSUES IN FAVOR OF THE DEFENDANT JILL L. JACKSON-SMITH AND STEVEN B. SMITH AND METRO TULSA FOOT & ANKLE SPECIALISTS, PLLC, SIGNED M….V…, FOREPERSON.

See: Court Docket

Outcome: Defendants' verdict.

Plaintiff's Experts: Dr. Jack Gorman, Buxmont Podiatry, Warminster, Pennsylvania

Defendant's Experts: Dr. David Armstrong, DPM>A?, University of Arizona, Tucson, Arizona