Verdict for Patient Against Oral Surgeon in Medical Malpractice Trial

Askins v. Simmons
Erie County Docket No. 10727-2005

In this action, our client was treated by an oral surgeon who was fixing a displaced mandibular fracture. We alleged that the surgeon made errors in the placement of bone-stabilizing screws and a plate. More particularly, we alleged that the surgeon unintentionally placed the screws through the fracture site, which led to poor fixation and later led to infection and inflammation. A second surgery performed by the surgeon revealed at least one of the fixation screws “floating free,” with at least one other screw loose. Instead of using “rescue screws,” the surgeon merely tightened the existing screws. The result was that the inflammation continued and there was poor fixation of the fracture pieces. The fracture healed with a fibrous union and the mandible was not well-aligned. Consequently, our client endured orthodontics and multiple surgeries over a span of several years to repair the damage.

Our efforts to persuade the defendant to accept responsibility prior to trial were completely unsuccessful. So, we tried our case to a jury. The jury found in our client’s favor and awarded him damages of $200,000.

Awarded: $200,000