Defense Win
Congratulations to Natalie Heineman and Alex Slader of Larson Health Advocates. Natalie and Alex recently received a defense verdict on December 18, 2024, after a three-week jury trial in a medical malpractice case in Lewis County.
The plaintiff, a 37-year-old (33 at the time of surgery) woman and mother of four, was referred by her general dentist to the defendant, an oral and maxillofacial surgeon, for extraction of her only remaining third molar (“wisdom tooth”). She requested antibiotics before surgery, which he advised were not indicated. On postoperative day three, the plaintiff was evaluated at the Emergency Department and admitted under the care of an ear, nose and throat specialist (ENT). He diagnosed facial cellulitis and prescribed IV and oral antibiotics. After two nights in the hospital, the ENT discharged her home on oral antibiotics and instructed her to follow up with her oral surgeon and his office as needed.
Two days later, the patient returned to the defendant for follow up. His evaluation was reassuring, and he advised her to continue the course of oral antibiotics prescribed by the ENT. Three days after seeing the defendant, the plaintiff was rushed to Harborview for emergency surgery to drain what was then diagnosed as a retropharyngeal abscess. She remained awake during the first half of the procedure due to a compromised airway. The plaintiff was discharged from Harborview four days later. She claimed PTSD from the emergency surgery, right-sided neuropathy from the severity of infection, disfigurement (facial scarring) and loss of enjoyment of life. No economic damages were claimed.
Plaintiff’s counsel asked the jury for an award in the “range” of $4.5M - $6.5M for her general damages. The jury returned a defense verdict in two and a half hours.
The plaintiff, a 37-year-old (33 at the time of surgery) woman and mother of four, was referred by her general dentist to the defendant, an oral and maxillofacial surgeon, for extraction of her only remaining third molar (“wisdom tooth”). She requested antibiotics before surgery, which he advised were not indicated. On postoperative day three, the plaintiff was evaluated at the Emergency Department and admitted under the care of an ear, nose and throat specialist (ENT). He diagnosed facial cellulitis and prescribed IV and oral antibiotics. After two nights in the hospital, the ENT discharged her home on oral antibiotics and instructed her to follow up with her oral surgeon and his office as needed.
Two days later, the patient returned to the defendant for follow up. His evaluation was reassuring, and he advised her to continue the course of oral antibiotics prescribed by the ENT. Three days after seeing the defendant, the plaintiff was rushed to Harborview for emergency surgery to drain what was then diagnosed as a retropharyngeal abscess. She remained awake during the first half of the procedure due to a compromised airway. The plaintiff was discharged from Harborview four days later. She claimed PTSD from the emergency surgery, right-sided neuropathy from the severity of infection, disfigurement (facial scarring) and loss of enjoyment of life. No economic damages were claimed.
Plaintiff’s counsel asked the jury for an award in the “range” of $4.5M - $6.5M for her general damages. The jury returned a defense verdict in two and a half hours.