On March 5, 2024, Gary W. Patterson, Jr. secured a defense verdict before Justice Craig Brown of the Supreme Court, Orange County.  Plaintiff claimed the defendant oral surgeon negligently extracted an impacted maxillary wisdom tooth.  During the procedure, tooth #1 was dislodged into the maxillary sinus.  A sinusotomy was performed several months later to retrieve the tooth.  As a result, the plaintiff claimed to suffer from ongoing pain and tinnitus.  

Prior to openings, the court granted Mr. Patterson’s motion to preclude the plaintiff’s expert from offering any testimony in support of a lack of informed consent claim as it was never properly pled. Appellate counsel, Adonaid Medina, assisted in drafting the motion papers. 

Plaintiff’s oral surgery expert opined that the defendant doctor’s decision to recommend extraction was based upon his misdiagnosis of root erosion to the neighboring tooth #2.  On cross-examination, the expert conceded that it was reasonable to recommend extraction based upon the diagnosis of impaction alone, without any further radiographic findings or complaints. 

At the close of plaintiff’s case, Judge Brown reserved decision on Mr. Patterson’s motion for a directed verdict.  During summations, plaintiff’s counsel sought compensation in the amount of $300,000.  The jury ultimately returned a verdict in favor of the defense.