Facts

Plaintiff Lauren Sheets, in her mid 20s, underwent the extraction of her wisdom tooth performed by defendant Howard Siegler, DDS.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the dentist negligently transected the lingual nerve during the procedure.

Plaintiff's expert testified that although some injury to the nerve is a recognized risk of the procedure, the severance of the nerve is not, and reflected that defendant negligently strayed with sharp instrumentation out of the operative field.

Plaintiff further contended that such a severance would not occur in the absence of negligence, that defendant's expert had testified in prior cases that such a severance would not occur if proper technique was utilized and the court instructed the jury regarding Res Ipsa Loquitor.

DEFENDANT'S CONTENTIONS:
Defendant denied that he transected the nerve. He claimed that some injury to the lingual nerve is a known risk of the procedure that plaintiff acknowledged in the informed consent form.

Injuries

Plaintiff claimed that she suffered permanent numbness to the right half of her tongue and to the right side of the floor of the mouth. Plaintiff also claimed that she suffered a severe neuropathic injury in the area of the extraction and that she suffered severe pain upon contacting the area with her tongue multiple times per day. Plaintiff maintained that she suffered a permanent reduction in the sense of taste. The subsequent treating dentist passed away before discovery. In his records, he indicated that he observed that the nerve was severed. The dentist also created a drawing in the records that depicted the two sections of the severed nerve. Plaintiff maintained that the numbness is permanent in nature. Plaintiff also claimed that the area of the extraction remains hypersensitive and that she suffers pain whenever the tongue touches this area. Plaintiff maintained that she would permanently suffer such pain.

Result

The jury found for plaintiff and awarded $2,300,035, including $1.75 million for pain and suffering, $550,000 for future medical expenses and $35 for plaintiff's co-pay for the subsequent attempt at repair surgery.

Other Information

Post trial judge denied a motion for a new trial and to reduce the verdict amount. Case is on appeal on the issue of both liability and nature and extent of injury.