On Feb. 12, 2016, plaintiff Katherine Panichi, 16, underwent removal of her wisdom teeth. The procedure was performed by oral surgeon Dr. Jeffrey Lee. Lee had discussed the risks of the procedure with Katherine and Katherine’s parents. Katherine claimed that Lee did not mention the possibility of a jaw fracture, but the risk was referenced in the consent form that was signed by Katherine’s father prior to the procedure. During the removal of tooth No. 17, Katherine’s jaw fractured. Katherine sued Lee, alleging that Lee failed to obtain her informed consent. Plaintiff’s counsel contended that Lee failed to adequately disclose and discuss the risks of the wisdom tooth extraction with Katherine and Katherine’s parents, thereby depriving them of being able to provide their informed consent for surgery. While it was agreed by all parties that the risk of a jaw fracture is estimated to have a far less than 1 percent occurrence rate in wisdom teeth extractions, plaintiff’s counsel contended that the risk of a jaw fracture in this specific case was much higher (5 to 10 percent), based upon the pre-operative X-rays. Counsel argued that, in light of Katherine’s multiple school commitments and activities, had the risks been properly disclosed, Katherine could have deferred the elective wisdom tooth extraction until June 2016, after her school year was complete. Defense counsel contended that Lee provided the appropriate disclosure of risks under the circumstances and that Lee was not required to orally discuss the risk of a jaw fracture because it was unlikely to occur. Counsel also disagreed that the pre-operative imaging revealed any increased risk of a jaw fracture, and argued that the fracture that occurred during the procedure was simply a rare, inherent risk that could not have been predicted., Katherine sustained a fractured jaw. As a result, her jaw had to be wired shut from Feb. 12, 2016 through May 26, 2016. Katherine claimed that as a result, she had to miss many important activities at school and lost 10 to 15 pounds on her already very slender body. Katherine claimed that she was forced to undergo a significant reconstructive surgery in June 2017 as a result of the jaw fracture and its poor healing. The procedure was performed by Dr. Sanford Ratner, who essentially re-broke the jaw and repositioned it as part of the surgery, thereby forcing Katherine to again spend several weeks with her jaw wired shut. Katherine’s medical bills were primarily covered by her private health insurance, but she also incurred approximately $27,500 in out-of-pocket medical expenses. Katherine sought recovery of past medical costs and damages for her pain and suffering. Defense counsel argued that the evidence did not support the conclusion that the subsequent reconstructive jaw surgery was reasonable or necessary as a result of the subject jaw fracture.