“Dr. Magone’s care and treatment of Evan Hopkins was supported at trial by a specialist in foot and ankle surgery from the University of Pittsburgh and it was the position of Dr. Magone and his expert that the accident that Mr. Hopkins was in ultimately led to the amputation not any care provided by Dr. Magone,” his attorney, David Lockemeyer, said in a statement.
However, on Jan. 21 a jury found Magone was negligent in his care and treatment of Hopkins and awarded Hopkins $2.92 million. Premier Health, the operator of Atrium Medical Center, was dismissed from the case before the trial began.
“There is a lot of money involved but honestly, I lost my leg,” Hopkins told the Dayton Daily News. “It could be $10 million ... but it won’t bring my leg back. I still struggle getting out of bed or going to take a shower is a 30-minute process. If I could turn the money in and get my leg back, I think I’d do it in a heartbeat.”
Hopkins’ attorney Jim Casey said he does not expect there to be an appeal of the verdict and the case was resolved for an undisclosed amount.
Hopkins was originally injured in a head-on car crash in August 2017 while traveling to the Warren County Career Center for school. He broke multiple bones, including his ankle.
Casey said Hopkin’s ankle was not aligned and the fracture was not properly reduced.
Hopkins said that when he went to his doctor appointments, he was told that his injuries were healing. He said they appeared not to be healing and in January 2018 Hopkins began seeing another doctor who recognized the infection and referred him to a foot and ankle specialist. But by that time, Hopkins said the best option was amputation.
Premier Health declined to comment for this story, citing that it was dismissed as a defendant in the case. The health system said that Magone is not currently an employee or associated with Premier Health. Lockemeyer said Magone now has a consulting practice.
About the Author
