Dr. Marc Philippon

Former Yankee’s Orthopedic Surgeon Loses Appeal in Ballerina

Malpractice Case

Dr. Marc J. Philippon, the specialist that the Yankees have sent Arod to, has lost his final appeal in a $2.15 million dollar malpractice lawsuit. Scott P. Schlesinger represented Katie Shreffler a young ballet dancer who underwent a hip arthroscopy after which she had debilitating complications, in the case against Philippon. “It appears that Philippon put too much pressure on the bone shaver, or may have broken a shaver during the surgery and caused cartilage damage while retrieving it”, according to Schlesinger. Shreffler says she is still in constant pain and needs to use a crutch.

A surprise witness, whom the plaintiff had demanded the defense produce and the Court ordered the defense to produce, was nowhere to be found until after the trial had started. Surgical technician Julie Snogles, found by an internet search by the plaintiff after proceedings had begun, was allowed to testify…and her testimony proved pivotal. She said Dr. Philippon told her that it was a new procedure and that he was new at performing it, according to court documents. Halfway through the procedure, the surgeon created a third portal. Ms. Snogles said she asked him why he was making a third hole, and he answered that it was to remove a foreign object. The implication was that a shaver broke during the procedure, although Ms. Snogles testified that she never saw a foreign object being removed, nor did she see him break either of the shavers.

Her testimony was an issue raised by the defense on appeal, claiming surprise and lack of prior notice in order to prepare. The Court found that the defense knew of the existence of the witness, had been ordered to produce her, and should have known she could turn up at any moment to testify. Additionally her testimony would concern events for which the defendant was in attendance. Lesson: When the Court orders you to produce a witness….do it. And, just like your second vocal cord stripping shouldn’t be done on Barbara Streisand, don’t do your second hip arthroscopy on a professional ballerina.

Dr. Philippon went on to become Chief of Orthopedic Surgery at Holy Cross Hospital. He now practices at the Steadman Clinic in Vail, Colorado.

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Former Yankee’s Orthopedic Surgeon Loses Appeal in Ballerina Malpractice Case

Former Yankee’s Orthopedic Surgeon Loses Appeal in Ballerina

Malpractice Case