Jury awards $9.8 million settlement for a botched wisdom tooth extraction

Oct. 12, 2012
A White Plains, N.Y., jury has awarded a record-breaking verdict of $9.8 million to a 49-year-old man for the injuries he sustained as a result of a botched wisdom tooth extraction. The plaintiff sustained neurological injuries and broken jaw syndrome.

Plaintiff sustained permanent neurological injuries and broken jaw syndrome

WHITE PLAINS, N.Y. — A White Plains jury has awarded a record-breaking verdict of $9.8 million to a 49-year-old man for the injuries he sustained as a result of a botched wisdom tooth extraction. The plaintiff presented to the dentist, Dr. William Moody, with a toothache. After three unsuccessful attempts at removing the wisdom tooth, Dr. Moody sent the plaintiff home under the assumption that the extraction had been completed.

Several hours after returning home, plaintiff was rushed to the emergency room at White Plains Hospital. He was then transferred to Westchester County Medical Center where he was admitted under the care of an oral surgeon, Dr. Michael Miller, with a diagnosis of air emphysema and residual roots. After spending four days at the hospital, Dr. Miller surgically extracted the remaining roots. Dr. Miller had never actually seen or examined the plaintiff prior to the surgery.

The jury found both Dr. Moody and Dr. Miller were equally liable for the injuries and that they had failed to obtain an informed consent.

The plaintiff has been unable to return to work as a hydro-geologist, and remains totally disabled as a result of his constant pain.

The plaintiff was represented by Christopher Meagher, of Meagher & Meagher, P.C., who previously obtained the two largest medical malpractice jury verdicts in Westchester County's history. Mr. Meagher presented the compelling facts of this case to a jury consisting of six persons and three alternates, who unanimously agreed on the verdict.

SOURCE: PRNewswire