Florida Verdicts

Plaintiff(s):

Patricia Smith (Female), 

Estate of Penny Ann Jennings (Female, 32 Years)

Plaintiff Attorney(s):

David A. Kleinberg;
Neufeld, Kleinberg & Pinkiert P.A.;
Aventura,
FL,
for
Patricia Smith, Estate of Penny Ann Jennings

Plaintiff Expert(s):

Nancy Jones;
M.D.;
Forensic Pathology;
Chicago,
IL called by
David A. Kleinberg ■ Stanley Davidoff;
DMD;
Prosthodontics;
Boca Raton,
FL called by
David A. Kleinberg

Defendant(s):

Advanced Faces LLC, 

Christopher T. Johnson

Defense Attorney(s):

David A. Corso;
Fisher Rushmer P.A.;
Orlando,
FL,
for
Advanced Faces LLC, Christopher T. Johnson

Defendant Expert(s):

Gary Utz;
Forensic Pathology;
Orlando,
FL called by
David A. Corso ■ Stephan Eisenschenk;
Neurology;
Gainesville,
FL called by
David A. Corso

On June 30, 2011, Penny Ann Jennings, 32, a homemaker, presented to oral surgeon Christopher Johnson for extraction of two molars. After the procedure, Johnson prescribed the prescription pain reliever hydrocodone. Jennings died that evening. The cause of death was listed as hydrocodone toxicity with seizure disorder. Patricia Smith, acting as personal representative of the estate of her daughter, sued Johnson and his employer, Advanced Faces LLC, for medical malpractice and wrongful death. The estate’s counsel noted that Jennings had undergone gallbladder surgery three days before having the molar procedures with Johnson and had already been prescribed a course of hydrocodone. He claimed that Johnson should not have dispensed additional hydrocodone to Jennings. He claimed that Johnson breached the standard of care by not instructing Jennings to finish her prior prescription of hydrocodone before taking the hydrocodone he had prescribed. He claimed that before going to bed that evening, Jennings apparently took the additional hydrocodone Johnson prescribed in combination with the other pain relievers she had from the gallbladder surgery. He claimed that Jennings’ husband went to the bathroom shortly before midnight and upon returning to the couple’s bedroom found her unresponsive and not breathing in bed. He called 911; emergency responders arriving at their home declared her dead at the scene. The estate’s counsel claimed that Johnson had prescribed a supply of 20 hydrocodone tablets of 5-mm doses, of which 19 tablets were found to be remaining at the time of Jennings’ death. He claimed that Jennings also had a prescription of 30 hydrocodone tablets of 7.5-mm doses from her gallbladder surgery, of which 13 tablets remained at the time of death. The estate’s expert forensic pathologist testified that the additional single 5-mm hydrocodone tablet was the reason Jennings died. She further testified that Jennings was a slow metabolizer and that the hydrocodone she had been taking had not been metabolizing at a normal rate and was backing up in her system. She testified that an additional 5-mm dose of hydrocodone was enough to cause Jennings’ death. The estate’s standard of care expert, an oral surgeon, testified that he could not presume that Johnson provided sufficient instructions to Jennings to finish her previously prescribed hydrocodone before taking his prescription because Johnson did not have any evidence that he provided written instructions. Defense counsel argued that Johnson did instruct Jennings not to take any additional hydrocodone he had prescribed until she finished the old prescription. The defense’s expert forensic pathologist testified that there was not enough evidence to declare that hydrocodone toxicity was a factor in Jennings’ death. He testified that the cause of death was more consistent with seizure disorder. He noted that Jennings had a history of seizures dating back to her childhood. He also noted that Jennings’ doctor had changed her anti-seizure medication prior to her death, which may have made her more susceptible to developing a fatal seizure disorder. The defense’s expert neurologist testified that the cause of Jennings’ death was solely a result of seizure disorder and that the hydrocodone was not a factor at all. He also testified that there was no evidence Jennings took a significant amount of the hydrocodone that Johnson prescribed. He disputed the estate’s expert pathologist’s premise that one 5-mm dose of hydrocodone could cause Jennings’ death. He noted that Jennings was in the third week of a change of her seizure medication, which he opined made her more susceptible to seizure activity.

Jennings died hours after having two molars extracted. Jennings’ minor child sought to recover damages for the loss of society resulting from her death.

The jury found that there was no negligence on the part of Johnson that was a cause of Jennings’ death.

Judge:

G. Richard Singletary

Trial Length:

1
 weeks

Trial Deliberations:

1
 hours

This report is based on information that was provided by defense counsel. Plaintiff’s counsel did not respond to the reporter’s phone calls.