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Scott Herbert and Anthony Sam obtained a Not Guilty Verdict for a dentist and her practice group in Cook County

08/05/2019
Featuring Scott A. Herbert and Anthony M. Sam

Scott Herbert and Anthony Sam obtained a Not Guilty Verdict for a dentist and her practice group in a case tried in Cook County.  The case involved a patient who had a history of moderate to severe chronic periodontitis who underwent three dental procedures after a 3-year gap in treatment.  The patient claimed during the first dental procedure her dentist found an oral abscess that was not treated with antibiotics. After the initial dental procedure, the patient went to the hospital with severe headaches, left side facial dropping and left sided paralysis.  She was diagnosed with a right sided subdural brain abscess and empyema and underwent brain surgery.  At trial, the patient argued that that standard of care required a pretreatment dose of antibiotic and a posttreatment course of antibiotics in the face an oral abscess.  The defense contested the presence of an abscess and denied that pre or posttreatment antibiotics were required by the standard of care or that antibiotics would have worked.  During closing argument, patient’s counsel asked the jury to award $1.1 million in damages. After 26 minutes of deliberating, the jury returned a defense verdict, awarding no damages.