Brittany Hudson Obtained a Summary Judgment on Behalf of Podiatrist

Brittany Hudson recently won a Summary Judgment on behalf of podiatrist concerning the foreign body rebuttable presumption Florida Statute 766.102(3)(b). Plaintiff alleged that they were entitled to the rebuttable presumption under this statute because a foreign body was removed from the Plaintiff’s foot almost a month following a procedure with the podiatrist. Plaintiff argued that the foreign body was a needle left by the podiatrist; however, the foreign body was not maintained following removal and it was disputed what the foreign body actually was and where it came from. Plaintiff argued that they had to show nothing more than that it was a foreign body. In response, Defendant argued that because it was disputed what the object was and where it came from, the foreign body presumption should not apply. The Judge agreed and granted Defendant’s Summary Judgment.