Germain Wins Med Mal Trial in Erie County

Matt Germain secured a defense verdict in an oral surgery case where plaintiff alleged the defendant failed to obtain informed consent and negligently fractured her jaw during the extraction of a bone-impacted wisdom tooth. The plaintiff claimed the defendant failed to discuss the risks and complications of the procedure pre-operatively and only provided a written informed consent form after the jaw was fractured during the procedure. As a result of the jaw fracture, plaintiff required surgical fixation with the implantation of multiple screws and plates, and had her jaw wired shut for six weeks. Germain successfully argued the risk of jaw fracture was low and not a reasonably foreseeable risk of surgery making a verbal informed consent discussion unnecessary and that the defendant dentist performed the extraction procedure using a recognized and accepted technique. The Erie County jury returned a unanimous no cause for action verdict in just over one hour.

I want to sincerely thank you and your firm for all of your efforts in my defense.  Matt Germain and Jim Lantier were outstanding.  I could not have asked for better men to represent me.  Jim's wisdom was invaluable and Matt is an indisputable rising star in his field.

Kevin Clauser DDS
President, Good Neighbors Dental Management