DISCLAIMER: The above results are specific to the facts and legal circumstances of each of the above clients' cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.
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 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 infection and inflammation. A second surgery performed by the surgeon revealed at least one of the fixation screws "floating free" and at least one other was 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 and so we tried our case to a jury. The jury found in our client's favor and awarded him damages of $200,000.