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TULSA COUNTY • CJ-2026-1123

Earl Loftis v. Rocky D. Cullens, DDS

Filed: Mar 11, 2026
Type: CJ

What's This Case About?

Let’s get one thing straight: a man went to the dentist for a wisdom tooth. He came out with sepsis, a tracheostomy, 15 drain tubes, eight surgeries, a 40-day medically induced coma, and what might be permanent brain damage. This is not a horror movie plot. This is real life. And now, a welder’s helper from rural Oklahoma is suing a dentist for $150,000—half of it in punitive damages—because apparently, someone thought it was fine to yank out an infected tooth without treating the raging abscess first. Spoiler: it was not.

Meet Earl Loftis. He’s a regular guy, lives in Pushmataha County, deep in the southeastern corner of Oklahoma, where the pine trees grow tall and the nearest big city feels like a different universe. Before March 2024, Earl was working six days a week as a welder’s helper—hard, physical labor, the kind that keeps you tired, sore, and proud. He wasn’t living large, but he was working, breathing easy, and making his own way. Then came the tooth. Not just a toothache, mind you, but a full-blown abscess—basically a pocket of pus festering under his gums like a biological time bomb. His local doc in Talihina, Dr. Kyle McNatt, took one look and said, “Yep, that’s bad,” then did the responsible thing: referred him to a specialist. That specialist was Dr. Rocky D. Cullens, DDS, an oral maxillofacial surgeon operating out of Broken Arrow under the banner of Stonewood Hills Oral Maxillofacial Surgery, Inc. In theory, this is the guy you want when things go sideways in your mouth. In practice? Well. Let’s just say Earl probably wishes he’d stuck to pulling the tooth himself with a piece of dental floss and a prayer.

So here’s how it went down. On March 28, 2024, Earl shows up at Dr. Cullens’ office, jaw throbbing, probably praying for relief. The petition says the dentist knew or should have known that Earl had an active abscess—meaning this wasn’t some hidden surprise, like finding a spider in your cereal. This was a documented, referred, known infection. And here’s where things get… well, medically questionable. According to the standard of care—the playbook all doctors are supposed to follow—the correct move when someone walks in with an abscess is not to grab the pliers and go full cowboy. No. You treat the infection first. You prescribe antibiotics. You drain the abscess. You wait for the storm to pass before doing surgery. It’s Dentistry 101. But Dr. Cullens, allegedly, skipped straight to the extraction. No antibiotics. No drainage. Just yank it out and hope for the best. And boy, did it go worst.

Within days, the infection exploded. Not just in Earl’s jaw, but through his body. Sepsis set in—a life-threatening response to infection that can shut down organs. His breathing failed. He was rushed to St. John’s Medical Center in Tulsa, where doctors put him into a medically induced coma for 40 days. Let that sink in: 40 days. That’s over a month of Earl’s life spent unconscious, hooked to machines, fighting for survival. During that time, he had 15 drain tubes inserted—15—because the infection had spread like wildfire. He needed a tracheostomy to breathe. Eight separate surgeries followed. After the ICU, he spent 25 days in a skilled rehab facility, then another 14 at St. John’s for more recovery. And even now, the petition claims, he’s dealing with nerve damage, cognitive issues, and likely brain damage from the severity and duration of his illness. He can’t work. He’s on Social Security Disability. The man who once spent his days welding now depends on taxpayers to survive. All because a tooth went wrong. Or rather, because someone made it go wrong.

So why are we in court? Because Earl’s lawyers—Eddie Foraker and Halee Simpson of the Stipe Law Firm—say this wasn’t just a bad outcome. It was negligence. Worse: gross negligence and recklessness. They’re arguing that Dr. Cullens didn’t just make a mistake—he ignored basic medical protocol, acted against the standard of care, and essentially turned a routine extraction into a medical catastrophe. The legal claim is straightforward: if you’re a doctor, you’re supposed to do no harm. And when you do harm by ignoring obvious risks, you can be held liable. That’s negligence. But when you ignore a known, dangerous infection and operate anyway? That’s where it starts to look less like a mistake and more like a reckless disregard for human life. And that’s why they’re not just asking for money to cover medical bills and lost wages—they’re asking for punishment.

Which brings us to the $150,000. On paper, that might sound like a lot for a tooth. But let’s break it down. Half—$75,000—is for actual damages: medical expenses, lost income, pain and suffering, the whole brutal aftermath. The other half—another $75,000—is punitive. That’s not about compensating Earl. That’s about sending a message: “Hey, doc, maybe don’t turn routine dental work into a near-death experience.” In the world of medical malpractice, $150,000 is actually on the lower end. These cases often settle for millions. So this demand? It’s not greedy. It’s symbolic. It’s a middle finger wrapped in legal paper. And given that Earl is now permanently disabled, can’t work, and may have lasting brain damage, it’s hard to argue he’s not entitled to something that reflects the sheer scale of what he lost.

Now, here’s our take: the most absurd part of this whole saga isn’t even the 15 drain tubes (though, wow). It’s the sheer ordinariness of how it started. A wisdom tooth. A common, treatable problem. This wasn’t experimental brain surgery. It wasn’t a rare disease. It was a tooth extraction—one of the most routine procedures in dentistry. And yet, it spiraled into a medical nightmare because someone skipped a few basic steps. It’s like changing your car’s oil and accidentally setting the engine on fire. Sure, things can go wrong. But when they do, it’s usually because someone ignored the manual. And in this case, the manual said: “Do not operate on an active infection.” It’s not exactly rocket science.

We’re not saying every dentist needs to be perfect. But when you hold someone’s life in your hands—even metaphorically, even just their jaw—you’ve got a duty to follow the rules. And if you don’t, and someone ends up in a coma for six weeks, maybe—maybe—you deserve to pay more than just a slap on the wrist. We’re rooting for Earl, not because we love lawsuits, but because this feels like a case where the system might actually do what it’s supposed to: hold people accountable when they mess up in ways that change lives forever. And if that means Dr. Cullens writes a $150,000 check, well… let’s just say it’s cheaper than malpractice insurance probably already cost him.

This case is filed in Tulsa County District Court under docket number CJ-2026-1123. A jury trial has been demanded. Because when the story involves 15 drain tubes and a 40-day coma, you don’t want a judge quietly deciding it in a backroom. You want twelve people sitting in a courtroom, staring at the dentist, thinking: “You did what to a tooth?”

We’re entertainers, not lawyers. But even we know this one’s going to be a doozy.

Case Overview

$150,000 Demand Jury Trial Petition
Jurisdiction
Tulsa County District Court, Oklahoma
Relief Sought
$75,000 Monetary
$75,000 Punitive
Plaintiffs
  • Earl Loftis individual
    Rep: Eddie Foraker and Halee Simpson, Stipe Law Firm
Claims
# Cause of Action Description
1 negligence, gross negligence, and recklessness Defendant's breach of standard of care led to Plaintiff's severe injuries and damages.

Petition Text

734 words
IN THE DISTRICT COURT BY AND FOR TULSA COUNTY STATE OF OKLAHOMA EARL LOFTIS, Plaintiff, v. ROCKY D. CULENS, DDS and STONEWOOD HILLS ORAL MAXILLOFACIAL SURGERY, INC., Defendants. FILED DISTRICT COURT TULSA COUNTY, OKLAHOMA Case No. CJ-2026- March 11, 2026 4:35 PM DON NEWBERRY, COURT CLERK Case Number CJ-2026-1123 PETITION COMES NOW the Plaintiff, Earl Loftis, by and through undersigned counsel, and for his cause of action against Defendants, alleges and state as follows: 1. Plaintiff Earl Loftis is a resident of Pushmataha County, State of Oklahoma. 2. Defendant Rockey Cullens, D.D.S. (hereinafter "Dr. Cullens"), is a dentist who, upon information and belief, practices or practiced dentistry in Broken Arrow, Tulsa County, State of Oklahoma. 3. Defendant Stonewood Hills Oral Maxillofacial Surgery, Inc., is a corporation organized under the laws of the state of Oklahoma and operating in Tulsa County Oklahoma. 4. The actions giving rise to this lawsuit occurred in Tulsa County, State of Oklahoma. 5. This Court has jurisdiction over the subject matter and parties herein, and venue is proper in Tulsa County, State of Oklahoma. 6. On or about March 28, 2024, Plaintiff presented to Dr. Cullens for treatment of an abscessed wisdom tooth. 7. Upon information and belief, prior to presenting to Dr. Cullens, Plaintiff had been seen by Dr. Kyle McNatt in Talihina, Oklahoma, who confirmed the presence of the abscess and referred Plaintiff to Dr. Cullens for further treatment. 8. Dr. Cullens knew or should have known that Plaintiff had an active dental abscess at the time Plaintiff presented for treatment. 9. The applicable standard of care required that the abscess be treated with antibiotics, that the infection be allowed to resolve, and that the surgical extraction be performed only after the abscess had adequately healed. 10. Despite the presence of an active abscess, Dr. Cullens breached the standard of care by proceeding to extract Plaintiff's wisdom tooth without first draining or otherwise adequately treating the abscess. 11. As a direct and proximate result of Dr. Cullens's breach of the standard of care, the abscess spread, causing Plaintiff to develop sepsis and respiratory distress. 12. As a further result of the care set forth above, Plaintiff suffered the following injuries and damages: sepsis requiring emergency medical intervention; respiratory distress and respiratory failure; a medically induced coma lasting approximately forty (40) days in the Intensive Care Unit at St. John's Medical Center; approximately fifteen (15) drain tubes placed to address the spread of infection; a tracheostomy; eight (8) surgeries; approximately twenty-five (25) days in a skilled rehabilitation facility (Cornerstone); approximately fourteen (14) days in rehabilitation at St. John's; nerve damage; and likely brain damage resulting from the severity and duration of his illness. 13. Plaintiff's injuries were caused by the negligence, gross negligence, and/or recklessness of Defendant due to his failure to conduct the treatment of Plaintiff consistent with the applicable standard of care. 14. As a result of the injuries set forth herein, Plaintiff suffers and will continue to suffer: an inability to function and work as he did before the incident, having previously been employed as a welder's helper working six days per week; permanent nerve damage; likely brain damage and cognitive impairment; physical and mental pain and anguish; disability; disfigurement; and impairment to earning capacity. Plaintiff is now on Social Security Disability and dependent upon Oklahoma and United States taxpayers for support. 15. As a result of the negligence, gross negligence, and recklessness of the Defendant, Plaintiff has incurred and will continue to incur medical expenses, lost wages, and other economic damages, and has suffered and will continue to suffer physical and mental pain and anguish, disability, disfigurement, and impairment to earning capacity, for which damages are claimed by the Plaintiff in an amount in excess of Seventy-Five Thousand Dollars ($75,000.00). 16. The Defendant's acts and omissions constitute a reckless disregard for the rights of others such that punitive damages are claimed against the Defendant in an amount to be determined by the jury and in excess of Seventy-Five Thousand Dollars ($75,000.00). WHEREFORE, Plaintiff prays for judgment in his favor and against Defendants for actual and punitive damages in an amount in excess of the amount required for diversity jurisdiction pursuant to Section 1332 of Title 28 of the United States Code, together with their costs, interest, and any such other and further relief to which Plaintiff may show himself entitled. Respectfully submitted, Earl Loftis By: ____________________________________________ Eddie Foraker, OBA #22564 Halee Simpson, OBA #36255 Stipe Law Firm P.O. Box 1369 McAlester, OK 74502 (918) 423-0421Phone (918) 423-0266 Facsimile Attorneys for Earl Loftis ATTORNEYS LIEN CLAIMED
Disclaimer: This content is sourced from publicly available court records. Crazy Civil Court is an entertainment platform and does not provide legal advice. We are not lawyers. All information is presented as-is from public filings.