$3.74 Million Verdict for Flesh-Eating Bacteria Dental Malpractice

RESULTS: $3.5 Million Jury Verdict

COURT: Hampton, Virginia Circuit Court

DATE: 2016

ATTORNEY:  James (Jim) St. Clair

WHAT HAPPENED:

In July 2010, our client, a Portsmouth, Virginia man, was suffering pain and swelling in an infected tooth and returned to his dentist’s Norfolk, Virginia office. He also had swelling on the lower right side of his entire mouth. The dentist took an initial X-ray of the man’s mouth, extracted the tooth, and sent the plaintiff home without further medications or antibiotics. Still in serious pain, the plaintiff called the dental office complaining, and a prescription painkiller medication was called into the pharmacy for this patient.

Days later, the man was still not obtaining any pain relief. He mistakenly called his original dentist, who recommended the tooth be removed, but mixed up that the dental practice that extracted the tooth had not even been called by mistake. In any case, the original dentist called in further painkillers and antibiotics. Eventually, the plaintiff called the proper dental office, the dentist that had extracted the tooth, and they arranged to see him, although he saw office staff and not a dentist. The staff noticed an increased swelling, so they prescribed a different antibiotic.

Unfortunately, that night, the plaintiff presented to Chesapeake General Hospital, where infection was recognized and diagnosed. Chesapeake General Hospital transferred the plaintiff to Norfolk General Hospital, where it was discovered that his infection had further worsened into flesh-eating bacteria (necrotizing fasciitis) and had spread to his throat and chest. Extensive lifesaving treatment occurred at Sentara General Hospital, including skin grafts and the insertion of a feeding tube.

LEGAL STRATEGIES:

The dentist who extracted the tooth refused to settle the case, and this dental malpractice case was filed in Norfolk Circuit Court. We obtained expert dental opinions from two dentists, both of who claimed that the standard of care for dentistry was violated by not immediately ordering antibiotics when he had originally come back to his dental practice office complaining of pain and swelling. Our dental experts claim that the antibiotics should have been ordered on his first presentation when signs of infection could have been fully treated. The defendant dentist also presented various dental experts who claimed that there was no dental standard to order antibiotics based on the presentation and appearance of our client.

THE RESULTS: $3.74 Million Jury Verdict

The trial took place over six days, and a Norfolk jury awarded the plaintiff $3.74 million, which included prejudgment interest, from the missed diagnosis date when he first presented back to his dental practice.

In dentistry, ordering an antibiotic in the face of swelling and pain in a dental patient is somewhat controversial but the jury agreed that the failure to order antibiotics right away constituted dental malpractice.