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WASHINGTON COUNTY • CJ-2026-00066

Clayton Swan v. Spring Dental Bartlesville, PLLC

Filed: Feb 25, 2026
Type: CJ

What's This Case About?

Let’s be real: most of us dread wisdom teeth removal about as much as we dread jury duty or being tagged in a cousin’s conspiracy theory Facebook post. But for Clayton Swan, a routine trip to the dentist turned into a horror story involving a fractured jaw, severed nerves, and a mouth that now feels like it’s been permanently kissed by a frozen burrito. What should’ve been a quick outpatient procedure spiraled into emergency room visits, corrective surgery at OU Medical, and a lawsuit that’s demanding $150,000 in damages — half of it punitive, because apparently someone thought it was fine to yank out a wisdom tooth like it was a stubborn weed, without so much as a proper anesthetic or a basic understanding of human anatomy.

So who’s who in this dental disaster? On one side, we’ve got Clayton Swan, an Osage County man who, prior to September 2021, probably just wanted to avoid future crowding in his mouth and the vague, looming threat of impacted teeth. On the other side: Dr. Brandon Sturgell, a licensed dentist operating out of Spring Dental Bartlesville, PLLC — a professional dental outfit in Washington County, Oklahoma, which, despite the name “Spring,” does not appear to offer seasonal rebirth or miraculous healing. According to the filing, Dr. Sturgell wasn’t just some rogue hygienist playing doctor — he was a fully credentialed D.M.D., which stands for Doctor of Dental Medicine, not “Definitely Making Mistakes,” though you’d be forgiven for the mix-up here. And because he was working at Spring Dental at the time, the clinic itself is also on the hook, thanks to a legal concept called respondeat superior — fancy Latin for “the boss pays when the employee goes full cowboy with the dental tools.”

Now, let’s walk through what went down, because this isn’t just a case of “I had pain after surgery.” This is a medical thriller with plot twists, escalating stakes, and a body count — of, well, not lives, but definitely quality of life. On September 9, 2021, Swan shows up at Spring Dental, ready to get his wisdom teeth removed. Standard procedure, right? Except it wasn’t. Pre-op x-rays — the kind of basic diagnostic tool even dental students know how to read — clearly showed that Swan’s lower left wisdom tooth was angling forward, a red flag that this wouldn’t be a simple pull. Teeth growing sideways or impacted like that often require surgical extraction, sometimes under general anesthesia. But Dr. Sturgell decided to treat it like a regular extraction and only used local anesthesia. So picture this: you’re awake, you’re aware, and your dentist is now wrestling with a tooth that’s basically glued in sideways. Not fun.

According to the petition, Sturgell didn’t adjust his technique. He didn’t bring in additional tools or call for backup. Nope. He allegedly tried to pull the tooth out like the others, despite the resistance. And that’s when things went full Saw movie. The filing claims this improper technique caused three catastrophic outcomes: first, Swan experienced “excruciating pain” during the procedure — which tracks, since he was conscious and his jaw was being manhandled. Second, Sturgell allegedly fractured part of Swan’s jaw. And third — and this is the real kicker — he severed a nerve in the process. Not nicked. Not irritated. Severed. That’s like trying to unclog a drain and accidentally cutting the water main.

In the days that followed, Swan wasn’t just sore — he was in “unfathomable pain,” and parts of his mouth and tongue went completely numb. On September 15, he saw another oral surgeon, Dr. Heath Evans, who basically said, “Yeah, keep taking the meds and hope it gets better.” But it didn’t. By September 27, Swan was in the ER at Bailey Medical Center, where doctors confirmed the nightmare: his jaw was fractured in multiple places, infected, and had bone fragments just chilling in his soft tissue like dental shrapnel. They also confirmed nerve damage — a diagnosis later backed up by Dr. Michael Moody, who found Swan had no sensation in his chin and lip, and almost none in his tongue. Let that sink in: your face, your ability to eat, speak, taste, smile — all compromised because a dentist decided to wing it.

Swan eventually got corrective surgery on December 10, 2021, at OU Medical Center, where they fixed the broken jaw. But the nerve damage? That’s permanent. The petition says he now struggles to eat, has a lisp, his sense of taste is messed up, and parts of his mouth are numb forever. Imagine biting into a hot slice of pizza and not knowing if you’re about to burn your tongue. Or not feeling half your face when you laugh. That’s the new normal.

So why are we in court? Legally, Swan’s team is making two big claims. First: negligence. That means Dr. Sturgell didn’t meet the basic standard of care that any reasonable dentist would’ve followed. He ignored the x-rays, used the wrong technique, skipped general anesthesia when it was clearly needed, and caused serious, lasting harm. And because he was working for Spring Dental, the clinic shares the blame. Second — and this is where things get spicy — Swan is asking for punitive damages. This isn’t about covering medical bills. This is about punishment. Punitive damages are the legal system’s way of saying, “What you did was so reckless, so beyond the pale, that we’re going to fine you extra just to make sure nobody else tries this.” The petition argues that Sturgell’s actions were “intentional, wanton, and reckless” — strong words in a legal context — and that awarding punitive damages would send a message to other dentists: don’t treat human jaws like DIY home improvement projects.

Now, let’s talk money. Swan is asking for $150,000 — split evenly between $75,000 in actual damages and $75,000 in punitive damages. Is that a lot? For a dental procedure gone wrong, it’s not outrageous. Actual damages cover real losses: medical bills, pain and suffering, future care, lost wages if he couldn’t work, and the permanent impact on his daily life. Nerve damage in the face isn’t just physical — it’s emotional, social, deeply personal. And punitive damages? That’s the court’s slap on the wrist, the “you messed up bad” tax. In the world of medical malpractice, six figures is not uncommon — especially when the harm is irreversible.

So what’s our take? Look, we’re not doctors. We can’t diagnose a cavity, let alone a severed inferior alveolar nerve. But we can say this: if the allegations are true — and again, these are allegations — then this isn’t just a case of bad luck. It’s a cascade of poor decisions. Ignoring x-rays? Check. Skipping proper anesthesia for a complex extraction? Check. Using brute force instead of surgical skill? Check. And then having the nerve — pun intended — to send a patient home with a fractured jaw and a severed nerve like it’s just “normal post-op swelling”? That’s not malpractice. That’s malpractice the musical.

We’re not rooting for ambulance chasers or frivolous lawsuits. But when someone entrusts their body to a medical professional, they shouldn’t walk out with permanent damage because the doc took shortcuts. This case is a reminder that even “routine” procedures carry risk — especially when the person holding the drill isn’t following the playbook. And if the jury agrees? Well, let’s just hope Dr. Sturgell has a very good malpractice insurance policy. Because in the court of public opinion — and yes, in the actual District Court of Washington County — pulling a tooth shouldn’t mean pulling a patient’s life off the rails.

Case Overview

$150,000 Demand Jury Trial Petition
Jurisdiction
District Court, Oklahoma
Relief Sought
$75,000 Monetary
$75,000 Punitive
Plaintiffs
Claims
# Cause of Action Description
1 Negligence Plaintiff alleges that Defendant Dr. Sturgell failed to provide reasonable medical care, resulting in plaintiff's injuries
2 Punitive Damages Plaintiff seeks punitive damages for Defendant's intentional and reckless conduct

Petition Text

1,082 words
IN THE DISTRICT COURT IN AND FOR WASHINGTON COUNTY STATE OF OKLAHOMA (1) CLAYTON SWAN, an individual, ) ) ) Plaintiff, vs. ) ) Case No.: CJ-2026-146 (1) SPRING DENTAL BARTLESVILLE, PLLC, (2) BRANDON STURGELL, DMD, ) ATTORNEY LIEN CLAIMED ) JURY TRIAL DEMANDED ) ) ) Defendants. PETITION COMES NOW the Plaintiff, Clayton Swan, ("Plaintiff" or "Mr. Swan"), by and through his attorneys of record, and for his causes of action against the Defendants, Spring Dental Bartlesville, PLLC and Brandon Sturgell, DMD, submits and sets forth as follows: PARTIES, JURISDICTION AND VENUE 1. This is a re-file of CJ-2023-188. 2. Plaintiff is a citizen of Oklahoma, residing in Osage County, Oklahoma. 3. Defendant Spring Dental Bartlesville, PLLC, ("Spring Dental") is a Domestic professional limited liability company located in Washington County, Oklahoma. 4. Defendant Brandon Sturgell, D.M.D. ("Dr. Sturgell") is a doctor of dental medicine ("D.M.D.") licensed in Oklahoma and who practiced dental medicine in Washington County, Oklahoma at the time of Plaintiff's injuries. 5. The injuries that are the subject of this dispute occurred in Washington County, Oklahoma. 6. This Court has jurisdiction and venue is proper in Washington County, Oklahoma. STATEMENT OF FACTS 7. Paragraphs 1-6 are incorporated herein by reference. 8. At all times relevant hereto, Dr. Sturgell was an employee and/or agent of Spring Dental. 9. On September 9, 2021, Plaintiff had an appointment at Spring Dental to get his wisdom teeth removed by Dr. Sturgell. 10. Dr. Sturgell removed Plaintiffs wisdom teeth, but there were complications due to Dr. Sturgell’s failure to comply with applicable standards of care. 11. First, x-rays taken of Plaintiff’s mouth and jaw prior to the surgery showed that one of Plaintiff’s wisdom teeth, the one on the bottom left of his mouth, was growing towards the front of his mouth. The x-rays should have informed Dr. Sturgell that this tooth would require more than just a standard extraction. 12. Second, Dr. Sturgell did not place Plaintiff under general anesthesia during the procedure, opting only for local anesthetic. 13. Third, it was extremely difficult for Dr. Sturgell to pull out the bottom left wisdom tooth due to its position, and instead of using the proper surgical technique, Dr. Sturgell attempted to pull out the tooth like he had the others. This resulted in 1) excruciating pain for Plaintiff due to Dr. Sturgell failing to place Plaintiff under general anesthesia and using a technique that fell below the standard of care; 2) Dr. Sturgell fracturing part of Plaintiff’s jaw during the procedure; and 3) Dr. Sturgell severing a nerve in Plaintiff’s mouth/jaw. 14. In the days following the procedure, Plaintiff experienced unfathomable pain and discomfort in his mouth and jaw. Further, part of his mouth and his tongue were numb due to Dr. Sturgell’s severing a nerve in his mouth. 15. On or about September 15, 2021, concerned that he was still in an excruciating amount of pain, Plaintiff had an appointment with oral surgeon Heath Evans, DDS. Dr. Evans told Plaintiff to continue with his medication regimen to treat the pain. 16. On September 27, 2021, Plaintiff went to Bailey Medical Center’s Emergency Room in Owasso, OK due to extreme pain in his jaw. Providers at Bailey told Plaintiff that his jaw was fractured in several places, there were lodged pieces of his jaw that needed to be removed, he likely had nerve damage, and his jaw was becoming infected. 17. Plaintiff subsequently scheduled an appointment with a second oral surgeon, Dr. Michael Moody. Dr. Moody looked at Plaintiff’s films, confirmed the jaw fracture, and performed a nerve exam. Dr. Moody determined that Plaintiff had no sensation in his chin and lip area and nearly zero sensation in his tongue. Dr. Moody referred Plaintiff to OU Medical for an oral surgeon who was capable of performing corrective surgery. 18. On or about December 10, 2021, Plaintiff had surgery to repair his fractured jaw at OU Medical Center. 19. While Plaintiff’s jaw has been repaired, he now has permanent nerve damage due to Dr. Sturgell’s negligence. It is difficult to eat, he occasionally has a lisp, his sense of taste has been altered, and part of his tongue and mouth are permanently numb. 20. As a proximate result of Dr. Sturgell’s acts and omissions, Plaintiff has suffered actual, continuing and future damages, including but not limited to personal injury, extreme mental and physical pain and suffering, medical expenses, the potential need for additional procedures and surgeries, and other actual damages in excess of $75,000 as a result of the Defendants’ negligence. CAUSES OF ACTION I. Negligence 21. Paragraphs 1-20 are incorporated herein by reference. 22. Defendant Sturgell owed a duty to Plaintiff to provide reasonable medical care and treatment, including a duty to use his best judgment and apply, with ordinary care and diligence, the knowledge and skill possessed by other similarly situated individuals in the industry. 23. Defendant Sturgell failed to exercise ordinary, reasonable and proper care in evaluating Plaintiff’s condition and providing medical treatment to Plaintiff. 24. Plaintiff’s injuries are a direct and proximate result of Dr. Sturgell’s breaches of his duty. 25. Defendant Spring Dental is vicariously liable for the negligence of its employees and agents pursuant to the legal doctrine respondeat superior. 26. As a proximate result of Defendants’ failures, Plaintiff has suffered actual, continuing and future damages, including but not limited to personal injury, extreme mental and physical pain and suffering, medical expenses, the potential need for additional procedures and surgeries, permanent disfigurement, and other actual damages in excess of $75,000 as a result of the Defendants’ negligence. II. Punitive Damages 27. Paragraphs 1-26 are incorporated herein by reference. 28. The intentional, wanton, and reckless conduct of the Defendants in disregard of the health and well-being of Plaintiff was conducted with full knowledge, in that Defendants knew, or should have known, of the severe adverse consequences of their failure to provide proper medical care to Plaintiff. 29. The acts of Defendants were wrongful, culpable, and so egregious that punitive damages in a sum that exceeds Seventy-Five Thousand Dollars ($75,000.00) should be awarded against Defendants to set an example to others similarly situated that such inexcusable conduct will not be tolerated in our community. WHEREFORE, based on the foregoing, Plaintiff prays that this court grant him the relief sought, including but not limited to actual damages in excess of Seventy-Five Thousand Dollars ($75,000.00), punitive damages in excess of Seventy-Five Thousand Dollars ($75,000.00), costs, attorney fees and such other relief as the Court deems just and equitable. Respectfully submitted, SMOLEN & ROYTMAN, Daniel E. Smolen, OBA # 19943 Benjamin L. Keller, OVA #36688 701 S. Cincinnati Ave. Tulsa, OK 74119 P: (918) 585-2667 F: (918) 585-2669 [email protected] [email protected] Attorneys for Plaintiff
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