Professional Negligence Law Reporter

In 2012, William Lockaby went to his dentist, John Esposito, and underwent an oral examination and periodontal scaling procedure. He also had films taken to document an oral lesion on the inside of his left cheek. Over the next two years, Lockaby returned to Esposito approximately 18 times. During this period, Lockaby complained that his left cheek had become painful, and Esposito performed a brush biopsy. The test was interpreted as negative but limited by a paucity of cellular material. Lockaby’s cheek continued to be very irritated and swollen, and he became unable to eat solid food. He later consulted an oral surgeon, who referred him to an oncologist for a biopsy. This led to a diagnosis of Stage IV squamous cell oral cancer.

Despite chemotherapy, radiation, and other treatment, Lockaby, 61, died of his disease the following year. He had been a hospice chaplain and is survived by his wife and five children, three of whom were minors.

Lockaby’s wife, individually and on behalf of his estate, sued Esposito and Cosmetic Dental Esthetics, P.C., alleging negligence and corporate negligence. The plaintiffs claimed that, among other things, Esposito failed to properly monitor, evaluate, and assess Lockaby’s oral lesion and should have timely referred him to an oral maxillofacial surgeon or otolaryngologist. The plaintiff also asserted that Esposito should have performed an additional biopsy in light of the limited specimen used during the first biopsy.

The parties settled for $600,000.

Citation: Lockaby v. Esposito, No. 2015-03816 (Pa. Ct. Com. Pl. Bucks Cty. May 20, 2020).

Plaintiff counsel: AAJ members Thomas R. Kline and Tracie L. Palmer, both of Philadelphia.