By Pennington PA
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November 13, 2024
Shareholders Michael J. Thomas and Cody W. Short recently successfully defended a dental medical malpractice case in Hillsborough County, Florida. The plaintiff alleged that his oral and maxillofacial surgeon (and the surgeon’s practice) breached the standard of care while performing complex jaw surgery to correct obstructive sleep apnea. Specifically, the plaintiff alleged that the defendant oral and maxillofacial surgeon negligently performed the surgery and transected a nerve, resulting in severe neurologic injuries, including loss of taste. The defense argued the oral and maxillofacial surgeon complied with the standard of care, and that such an injury was a known risk and recognized complication of the surgery. The case was tried before Judge Alissa Ellison over a five-day period, and resulted in a complete defense verdict for the oral and maxillofacial surgeon and her practice on November 1, 2024. Final Judgment was entered by the Court in favor of the defendants on November 8, 2024. Michael J. Thomas is Board Certified in Civil Trial Law by The Florida Bar, and has an AV Preeminent® rating from Martindale-Hubbell’s peer review rating system, which represents the highest level of professional excellence for ethical standards and legal ability. Mike is a member of the American Board of Trial Advocates. Mike is licensed to practice law in Florida and Georgia and has been admitted to practice in the U.S. District Court for the Northern, Middle, and Southern Districts of Florida, the U.S. Court of Appeals for the Eleventh Circuit, the Northern, Middle, and Southern U.S. District Courts of Georgia, and the Supreme Court of the United States. Cody W. Short’s practice focuses on insurance defense and litigation, including medical/dental malpractice, product liability, premises liability, commercial litigation, and employment litigation. Cody is licensed to practice law in Florida and has been admitted to practice in the U.S. District Court for the Northern, Middle, and Southern Districts of Florida, as well as the United States Court of Appeals for the Eleventh Circuit. In 2021, Cody was named a 2021 Super Lawyer Rising Star, which recognizes the top lawyers in Florida through a multiphase selection process involving peer nomination, independent research, and peer evaluation.