Kallie Cox//November 15, 2024//
A Jasper County jury unanimously agreed with a dentist after a couple sued him for medical malpractice, claiming their dentures were improperly fitted.
Michelle and Kevin Osborn sued dentist Kirby Robinson saying he placed their denture implants on the mandible and caused nerve compression, nerve injury, bone loss, pain and disfigurement.
“Plaintiff’s theme was that the dentures were promised not to hurt, not to change the patient’s appearance and were placed wrong from the beginning as evidenced by the repeated remaking of the dentures, the pain and the ultimate removal of the implants by the patient’s subsequent oral surgeon,” according to Gray Malkmus of Malkmus Law, attorney for the defendant.
The defendant’s theory was that the implants were placed properly and 3D X-rays of the mouth confirmed this, Malkmus said.
“The pain she experienced was from denture hot spots that are going to happen as the bone remodels and changes secondary to having all of the teeth pulled,” he said. “The claim that a person will not look different after dentures is untrue, and the chart establishes this.”
On the first day of the trial the plaintiffs’ attorney — Walter R. Simpson of Sanders & Simpson — called both plaintiffs to the stand and questioned them on their thoughts regarding Robinson’s care and informed consent. The defense then cross-examined them, Malkmus said.
“Plaintiffs testified that they were told the dentures would not affect her appearance, that she would be able to eat steak and that she would have no pain,” Malkmus said. “They then argued that none of these things occurred. Kevin Osborn testified that one of the implants was sticking out at an odd angle after it was installed.”
On day two the plaintiffs played video testimony from their expert, a doctor of dental surgery, then introduced medical records and rested, Malkmus said.
“Pursuant to Defendant’s motions in limine, plaintiffs were unable to submit Dr. Deines’ written report on the standard of care as impermissible hearsay,” he added.
Robinson was then called to the stand where he testified for three hours, Malkmus said.
“Next, the Defense called their expert, Dr. Hein. Dr. Hein was able to show the jury via the court television displays the actual 3D scan of the Plaintiff’s head, which revealed none of the implants were touching any major nerves,” he said. “Dr. Hein established that the cause of Plaintiff’s injuries was the Plaintiff’s failure to follow up with Dr. Robinson as ordered.”
Ultimately, the jury deliberated for less than 30 minutes and agreed with Malkmus’ client in a standard decision for a medical malpractice case because he presented clear evidence and expert testimony that proved his point, he said.
Simpson did not respond to a request for comment.
RELATED: Click to search for and submit your Verdicts & Settlements
- Amount of verdict, judgment or settlement: $75,000
- Type of action: Judgment/bench trial for defendant(s)
- Venue: Jasper County Circuit Court
- Case Number/Date: 21AO-CC00328 8/15/2024
- Judge: David Mouton
- Plaintiffs’ Experts: Kelly B. Deines, DDS
- Defendant’s Experts: Nicolas R. Hein, DDS
- Injuries: Digestive, gastrointestinal, neurological, emotional, psychological
- Special Damages: Mental anguish, future pain, loss of consortium.
- Last Pretrial Demand: $750,000
- Last Pretrial Offer: $0
- Caption: Michelle Osborn, Kevin Osborn v. Kirby Robinson, DDS, Heath Bryan Coleman of Missouri, DDS, dba DDS Dentures + Implant Solutions
- Plaintiffs’ Attorneys: Walter R. Simpson of Sanders & Simpson
- Defendant’s Attorneys: Brian D. Malkmus & Gray C. Malkmus of Malkmus Law Firm.
This article credit to MOLawyersMedia