Lawyers at DBS successfully litigate a wide variety of civil cases and argue appeals in some of the most challenging jurisdictions in the country.
DBS Obtains a Not Guilty Verdict in Lake County
Physician
Outcome:Defense Verdict
On February 11, 2026, DBS attorneys Rob Smyth and Charles Sprague successfully defended an orthopedic foot and ankle specialist in a case arising from the failed repair of a complex lower-leg fracture known as a pilon fracture.
The 35-year-old plaintiff alleged that the surgeon failed to use proper technique in fixating the fracture with surgical hardware and subsequently permitted early weight-bearing, which purportedly caused the fixation construct to fail. The plaintiff claimed that five surgical screws fractured within the first twelve weeks following surgery. Additional allegations asserted that the surgeon reviewed X-rays improperly such that the diagnosis of hardware failure was delayed, leading to a more extensive subsequent course of treatment.
At trial, DBS proved that the surgery was performed within accepted standards, that the follow-up care decisions were reasonable and that the ultimate failure of the attempted repair was simply the unfortunate occurrence of a risk of this surgical treatment. The jury returned a verdict in favor of the defense.