Recent Success

Defense Verdict in Oral Surgery Case Involving Injured Lingual Nerve - October 2012

On October 25, 2012, Clark Hudson and Ben Howard successfully teamed up in the defense of an Oral Surgeon. The plaintiff, a 29 year old female attorney, alleged the defendant Oral Surgeon was negligent in his performance of a four-wisdom tooth extraction. The plaintiff maintained the Doctor failed to adequately advise her of the risk of nerve injury given her age, failed to specifically advise her of a risk of lingual nerve injury involving an impacted lower third molar, and unnecessarily removed a lower third molar. Plaintiff maintained as a consequence of the defendant Doctor’s actions, she suffered permanent and disabling pain on the left anterior two thirds of her tongue as a result of the lingual nerve being injured during the extraction. Plaintiff, who was also married to an attorney, was the major bread winner in her family. She alleged she lost her job as an attorney earning approximately $280,000 a year as a result of her disability.

The defense maintained the plaintiff was adequately informed regarding the risks, benefits and alternatives to wisdom tooth extractions. Further, the defense was able to show the plaintiff desired, for a period of years, to have all four wisdom teeth removed – without any unusual risk of injury. The defense acknowledged the patient apparently experienced a lingual nerve injury, however, maintained the injury occurred despite the doctor’s best efforts, and was not a breach of the standard of care.

The jury deliberated for approximately half a day, and returned a defense verdict exonerating the doctor from all the allegations.

Clark R. Hudson is a shareholder at Neil Dymott and concentrates his practice on the defense of healthcare professionals and general litigation.  Mr. Hudson may be reached at (619) 238-1712 or 

Benjamin J. Howard is an associate in our San Diego office. His areas of practice include civil litigation, professional liability and medical malpractice matters. For further information, Mr. Howard can be reached at (619) 238-1712 or


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