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CG&P Secures Discontinuance of Malpractice Action After Disclosure of YouTube Video

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CG&P Secures Discontinuance of Malpractice Action After Disclosure of YouTube Video

CG&P recently secured a complete discontinuance of all claims in an action for podiatric malpractice and lack of informed consent. The plaintiff, a 32 year old female with a history of multiple right ankle surgeries and extensive treatment by a pain management specialist, presented to CGP’s client for treatment of pain after Achilles tendon and torn ligament surgery to her right ankle. CG&P’s client diagnosed her with tendonitis and applied a soft cast to immobilize her. Plaintiff claimed that the casting caused her to develop Reflex Sympathetic Dystrophy (“RSD”), a condition which qualified her for Social Security Disability benefits. After plaintiff’s first deposition, at which she testified that she was essentially crippled, CG&P disclosed video footage, which was posted on YouTube, depicting plaintiff competing in, and placing as a finalist in, a bowling competition a few days before her deposition. After the disclosure, plaintiff voluntarily discontinued the action. The case was handled by CG&P Partner Karen Corbett.