Professional Negligence Law Reporter

Giorgio Webster, 32, was referred to oral surgeon Jeffrey Osguthorpe for removal of a lower wisdom tooth. Osguthorpe reviewed a panoramic X-ray and recommended a biopsy to determine whether a dark spot near the affected tooth was cancerous. Webster underwent a CT scan, which was suboptimal due to a lack of contrast. Osguthorpe then scheduled Webster for the wisdom tooth removal and an incisional biopsy.

During the biopsy, Osguthorpe attempted to remove what he believed was a cystic mass. He drilled into an arteriovenous malformation (AVM), injuring Webster’s carotid and lingual arteries and causing a massive hemorrhage in his mouth. He was airlifted to a hospital, where he underwent emergency surgery. He now suffers from numbness in his jaw, lips, and mouth.

Webster sued Osguthorpe, alleging failure to obtain proper permission for an excisional biopsy procedure, order an MRI or angiogram, and needle aspirate the mass before attempting to remove it. The plaintiff also asserted the defendant had negligently drilled into the AVM. Suit did not claim lost income.

The jury awarded $2.75 million plus attorney fees, interest, and costs.

Citation: Webster v. Osguthorpe, 2019-003783-NH (Mich. Cir. Ct. Macomb Cnty. Apr. 14, 2022).

Plaintiff counsel: AAJ member A. Vince Colella and Melanie Duda, both of Southfield, Mich.