Tomazin, Hillyard & Clor, LLP Wins Dental Malpractice Jury Verdict
On October 16, 2017, Thomas J. Tomazin and Penelope L. Clor, RN JD tried a dental malpractice case to a jury in Boulder County District Court. On October 21, 2017, the jury returned a verdict of $729,263.14. The amount was for:
- $79,743.14 of past medical expense
- $413,000 of future medical expense
- $118,260 for past and future emotional stress and the impairment of quality of life
- $118,260 for physical impairment or disfigurement.
In removing the patients for wisdom teeth, the oral surgeon fractured the patient’s lower right jaw. Despite the patient telling the doctor he believed his jaw was broken, the doctor indicated that it was just a painful procedure and it would take time to heal.
Subsequently, the injured patient had to undergo surgery to repair the broken jaw. In the process of either the fracture of the jaw or the repair of the fracture, the major nerve in the patient’s lower right jaw was injured permanently. This requires ongoing, extensive medication management indefinitely into the future.
Under Colorado law, after the jury verdict was rendered, the Court was requested to add statutory interest to the amount of the Judgment, as permitted by law. The addition of the statutory interest increased the Judgment to $825,080.82.
As permitted by law in Colorado, since the patient prevailed at trial, he was permitted to request the Court to assess the costs of the case incurred by the patient in taking the matter to trial.
After the matter was fully briefed, the Court awarded the full amount of costs assessed in the amount of $67,894.86.
As permitted by law in Colorado, statutory interest continued to accrue until the matter was satisfied or paid by the oral surgeon. The amount of the jury verdict, statutory interest and the costs awarded by the Court totaled $903,167.68 as of December 22, 2017.
On December 28, 2017, the oral surgeon’s insurance company paid $903,000 to the patient. A Satisfaction of Judgment was filed with the Boulder County District Court.
About Tomazin, Hillyard & Clor, LLP
The Denver personal injury attorneys at Tomazin, Hillyard & Clor, LLP have more than 30 years’ experience protecting the rights of the injured and helping them seek the justice and compensation they deserve. We provide free, no obligation consultations to those with potential dental malpractice (and other personal injury) claims. Call (303) 974-4545 or email our firm for the information that can make all of the difference in your case, your recovery and your future.