New York Medical Malpractice Attorneys

$240,000-Dental Malpractice: Jury Verdict for Periodontal Disease From Braces

F&F# 81070

DENTAL MALPRACTICE - PATIENT WITH DOWN'S SYNDROME - PERIODONTAL DISEASE FROM BRACES

Jury Verdict: $240,000 - Unanimous 6/0 Breakdown: $40,000 for past pain and suffering; $200,000 for future pain and suffering.

Injuries:

• Loss of six teeth
• Plaintiff will lose the rest within 5 years, requiring a full removal denture.

Facts: Pltf., age 33 at the time of trial, suffers from Down's Syndrome. He was a patient of Deft., an orthodontist, until 1975. Pltf. claimed that Deft. fitted his upper teeth for braces and then left the braces on for 5 years, although his initial plan of treatment was only for 2 ½ years. Deft. claimed that it is a known fact that people who have Down's Syndrome have periodontal problems. Fitzgerald & Fitzgerald argued, however, that his bottom teeth, which did not have braces, are healthy.

Demonstrative evidence: Deft.'s office records; X-rays; Pltf.'s night braces. Offer: $75,000; demand $150,000; amount asked of jury: $250,000. Jury deliberation: less than 1 hour.