On February 9, 2017, Clark Hudson received a 12-0 defense verdict on behalf of an Oral and Maxillofacial Surgeon. The plaintiff claimed the Oral Surgeon unnecessarily extracted two wisdom teeth, and then failed to prescribe post-operative antibiotics, resulting in the patient developing Osteomyelitis which progressed into a pathologic fracture of the jaw at the extraction site. After a weeklong trial, the jury promptly issued a unanimous defense verdict – vindicating the Surgeon’s care. Of note, the plaintiff’s counsel did attempt to influence the jury’s passions using the Reptile Strategies by Keenan and Ball. However, the trial Judge sustained defense objections to plaintiff’s arguments regarding the jury’s role in protecting the community – and given the speed of the jury’s verdict, the jury was equally unpersuaded.
Clark R. Hudson is a shareholder at Neil Dymott Hudson and concentrates his practice on the defense of healthcare professionals and civil litigation. Mr. Hudson may be reached at (619) 238-1712.