Facts

On March 27, 2020 defendants extracted plaintiff Bryan Burke's lower wisdom teeth. During the procedure, defendants severed plaintiff's lingual nerves. The next day, plaintiff reported to defendant numbness and taste loss in the anterior 2/3 of her tongue. Defendant told plaintiff the sensation and taste would return within 6 months. Plaintiff's sensation and taste did not return within 6 months and plaintiff thereafter sought nerve repair surgery. The surgery brought back some sensation but no taste.

PLAINTIFF'S CONTENTIONS: Plaintiff contended defendants breached the standard of care by severing her lingual nerves and failing to refer her to a nerve repair specialist.

DEFENDANT'S CONTENTIONS: Defendants contended there was no breach of the standard of care.

Insurer

Admiral Insurance

Settlement Discussions

Plaintiff provided defendants a time-sensitive opportunity to settle the matter for $225,000. The MICRA cap for this case was $250,000. Defendants timely accepted plaintiff's time-sensitive settlement opportunity.

Specials in Evidence

Plaintiff paid approximately $7,000 out-of-pocket for the nerve repair surgery.

Injuries

Plaintiff suffered bilateral lingual nerve damage.

Result

The case settled for $225,000.