On March 28, 2025, Gary W. Patterson, Jr., with the assistance of Daniel O’Connell, secured a defense verdict before Judge Paul Marx of the Supreme Court, Westchester County.  The then 24-year-old plaintiff claimed the defendant oral surgeon failed to obtain an informed consent before performing wisdom tooth extraction, resulting in injury to the inferior alveolar nerve (IAN).  The court had previously granted the defendant’s motion for summary judgment, dismissing plaintiff’s medical malpractice cause of action. 

At trial, plaintiff’s oral surgery expert argued that the defendant failed to properly advise the patient of the high risk of nerve injury.  The expert further claimed the defendant had a duty to offer an alternative form of treatment, i.e. a coronectomy, which has been found to reduce the risk of nerve injury in certain circumstances.  On cross-examination, the expert was forced to concede that coronectomy itself carries significant risks which would have to be relayed to the patient.  Mr. Patterson argued those risks outweighed those associated with extraction.  As such, a reasonable person would have elected to proceed with extraction even if the alternative had been presented. 

At the close of plaintiff’s case, Judge Marx reserved decision on Mr. Patterson’s motion for a directed verdict.  During summations, plaintiff’s counsel sought compensation in the amount of $400,000 for pain and suffering.  The jury ultimately returned a unanimous verdict in favor of the defense.