The lawsuit against Dr. Jason Fond ended in a $2.35 million medical malpractice verdict handed down by a Rockland County, New York jury on June 4, 2014. The jury found that Fond, then head of orthopedic surgery at Nyack Hospital, failed to timely treat a hip infection in patient John Antonucci, allowing it to progress into septic arthritis that destroyed the joint.1Claims Journal. New York Patient Awarded $2.3 Million in Malpractice Suit
What the Lawsuit Alleged
In October 2010, John Antonucci, a 52-year-old construction worker from Valley Cottage, New York, went to Nyack Hospital with pain in his right hip after undergoing an MRI with contrast dye. Fond ordered a culture, diagnosed the problem as inflammation, and sent Antonucci home on October 1, 2010.1Claims Journal. New York Patient Awarded $2.3 Million in Malpractice Suit
Antonucci’s attorneys later argued that the culture results already showed evidence of a bacterial infection and that the standard of care required an immediate surgical washout of the wound left by the contrast injection. Two days later, on October 3, Antonucci returned to the hospital. By then the infection had caused severe damage to his hip.2Robert Kreisman Law Offices. $2.35 Million Jury Verdict for Doctor’s Failure to Timely Treat Septic Arthritis1Claims Journal. New York Patient Awarded $2.3 Million in Malpractice Suit
The diagnosis was septic arthritis. Antonucci filed suit in 2011 in Rockland County, styled Antonucci v. Advanced Orthopedics & Sports Medicine, No. 4050/11, naming both Fond and his practice as defendants. He was represented by attorney Evan Goldberg, who put on expert witnesses in infectious disease, orthopedic surgery, and pain management.2Robert Kreisman Law Offices. $2.35 Million Jury Verdict for Doctor’s Failure to Timely Treat Septic Arthritis
The Verdict
After a three-week trial, the jury returned its verdict on June 4, 2014, finding Fond liable and awarding Antonucci $2,350,000 in damages.1Claims Journal. New York Patient Awarded $2.3 Million in Malpractice Suit2Robert Kreisman Law Offices. $2.35 Million Jury Verdict for Doctor’s Failure to Timely Treat Septic Arthritis The available records do not indicate whether any post-trial motions or appeals changed that outcome.
What Antonucci Lost
About three months after the October 2010 hospital visit, Antonucci underwent a hip replacement. He reported chronic pain that kept him from ordinary daily activities and from returning to construction work, where he had earned roughly $35,000 a year.2Robert Kreisman Law Offices. $2.35 Million Jury Verdict for Doctor’s Failure to Timely Treat Septic Arthritis
Where Dr. Fond Practices Now
Fond continues to practice orthopedic surgery and sports medicine in the Rockland County area. He is Director of Orthopedic Surgery at Montefiore Nyack Hospital, the former Nyack Hospital after its integration into the Montefiore Health System.3Montefiore Einstein. Jason E. Fond Provider Profile He also practices at Northeast Orthopedics and Sports Medicine PLLC in Nanuet, New York, with hospital affiliations at Good Samaritan Regional Medical Center in Suffern and a surgical center in Mahwah, New Jersey.4U.S. News & World Report. Dr. Jason E. Fond He is dual board-certified in orthopedic surgery and sports medicine.5U.S. News & World Report. Jason Fond, MD